Ordinance No. 11,067ORDINANCE NO. 11,067
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL AGREEMENT WITH THE HOUSTON - GALVESTON AREA
COUNCIL TO PROVIDE REGIONAL LAW ENFORCEMENT TRAINING AT
THE BAYTOWN POLICE ACADEMY; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section l: That the City Council of the City of Baytown, Texas, hereby authorizes
the City Manager to execute an Interlocal Agreement with the Houston - Galveston Area Council
to provide regional law enforcement training at the Baytown Police Academy. A copy of said
agreement is attached hereto as Exhibit "A," and incorporated herein 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 r e City Council of the
City of Baytown this the 12`h day of February, 2009.
T:
KAY(rVIIE DARNELL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., C Attorney
O��P• ^!
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U 1N
HEN -5.. DONCARLOS, Mayor
l eobsrvllLegal `Karcn',Files`,City Councill(hdinances'1009Tebruar), 121. FIGACInt -.rlocalAgrccmcnt4PDTraining.doc
Exhibit "A"
HOL STO \- G :1LVE5�'O V ARFA COLfNCIL
GENERAL PROV ISIONS
INTERGOVERN- MENTAL AGREEMENT
This Intergovernmental Agreement is made and entered into this 1" day of September, 2008, by and between
the Houston - Galveston Area Council, hereinafter referred to as H -GAC, having its principal place of business
at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and the City of Baytown, hereinafter referred to as
the Contractor and Service Provider, having its principal place of business at 2401 Slarket Street, Baytown,
Texas 77520.
WI IFNESSETF1:
WHEREAS, 1-I -GAC hereby engages the Contractor to perform certain services in accordance with the
specifications of the Agreement;
♦�'IiEREAS, H -GAC is responsible for closely monitoring the Service Provider and the exercise of
reasonable care to enforce all terms and conditions of the grant_ Service Provider agrees to fully cooperate in
the monitoring process.
«'HEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the
Agreement;
NUNN'. -Fl IEREF'ORE, H -GAC and the Contractor do hereby agree as follows:
ARTICLE I LEGAL ALTHORITI'
The Contractor warrants and assures H -GAC that it possesses adequate legal authority to enter into this
Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to
enter into this Agreement and bind the Contractor to the terms of this Agreement and any subsequent
amendments hereto.
ARTICLE 2 APPLICABLE I NVS
The Contractor agrees to conduct all activities under this Agreement in accordance with all applicable rules,
regulations, directives. standards, ordinances and laws in effect or promulgated during the term of this
Agreement- Such standards and laws shall include. to the extent applicable, the Uniform Grant Management
Standards ("UGMS ") promulgated by the State of Texas and the state and federal statutes referenced therein.
All licenses. legal certifications. or inspections required for the services, facilities, equipment, or materials,
and the Service Provider must comply with all applicable state and federal laws and local ordinances. Failure
to comply with this requirement shall be treated as a default.
ARTICLE 3 INtFPENOENT CONTRACTOR
-1 -he execution of this Agreement and the rendering of services prescribed by this Agreement do not change
the independent status of H -GAC or the Contractor. No provision ol- this Agreement or act of H -GAC in
performance of the Agreement shall be construed as malting the Contractor the agent, servant or employee of
H -GAC, the State of Texas or the United States Government_ Employees of the Contractor are subject to the
control and supervision of the Contractor. The Contractor is solely responsible for employee payrolls and
claims arising therefrom. The Contractor shall notify H -GAC of the threat of lawsuit or of any actual suit
filed against the Contractor pertaining to this Agreement or which would adversely affect the Contractor's
ability to perform services under this Agreement.
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ARTICLE 4 WHOLE AGREEMENT
The General Provisions, Special Provisions, and Attachments, as provided herein, constitute the complete
agreement between the parties hereto, and supersede any and all oral and written agreements between the
parties relating to matters herein. Except as otherwise provided herein, this Agreement cannot be modified
without written consent of the parties.
ARTICLE 5 SCOPE OF SERVICES
The services to be performed by the Contractor are outlined in the Special Provisions of this Agreement.
ARTICLE 6 REPORTING REQUIREMENTS
Reporting requirements are set forth in the Special Provisions of this Agreement. If the Contractor fails to
submit to H -GAC in a timely and satisfactory manner any report required by this Agreement, or otherwise
fails to satisfactorily render performances hereunder, H -GAC may withhold payments otherwise due and
owing the Contractor. If H -GAC withholds such payments, it shall notify the Contractor of its decision and
the reasons therefore. Payments withheld pursuant to this Article may be held by H -GAC until such time as
the delinquent obligations for which funds are withheld are fulfilled by the Contractor. The Contractor's
failure to timely submit any report may also be considered cause for termination of this Agreement.
ARTICLE 7 PAYMENTS
The Contractor agrees that payments are predicated upon properly documented and verified proof of
performance delivered and costs incurred by the Contractor in accordance with the terms of this Agreement
and shall be paid in accordance with the Compensation and Method of Payment in the Special Provisions.
ARTICLE 8 NON FUNDING CLAUSE
Each payment obligation of H -GAC created by this Agreement is conditioned upon the availability of state or
federal funds appropriated or allocated for the payment of such obligations. H -GAC shall not be otherwise
obligated or liable for any future payments due or for any damages as a result of interruption of payment or
termination under this Article. If sufficient State or Federal funds are not allocated or otherwise available
from H -GAC, Contractor shall have no further obligation to perform its duties under this contract.
ARTICLE 9 INSURANCE
The Contractor shall maintain insurance coverage for work performed or services rendered under this
Agreement as specified in the Special Provisions.
ARTICLE 10 REPAVNIENTS
The Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to H -GAC
any amounts determined by H -GAC, its independent auditors, or any agency of state or federal government to
have been paid in violation of the terms of this Agreement.
ARTICLE 11 SUBCONTRACTS
Except as may be set forth in the Special Provisions, the Contractor agrees not to subcontract, assign, transfer,
convey, sublet or otherwise dispose of this Agreement or any right, title, obligation or interest it may have
therein to any third party without prior written approval of H -GAC.
The Contractor acknowledges that 1-1 -GAC is not liable to any subcontractor(s) of the Contractor
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The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance
with all the terms and provisions of this Agreement as if the performance rendered was rendered by the
Contractor.
ARTICLE 12 AUDIT
As a recipient of state or federal assistance through this Agreement, the Contractor acknowledges that it is
subject to the Single Audit Act of 1996, P.L. 98 -502, (hereinafter referred to as "Audit Act "), OMB Circular
No. A -133, and the State of Texas Single Audit Circular incorporated in UGIVIS.
The Contractor shall have an audit made in accordance with the Single Audit, requirements of the most
recently adopted UGMS and OMB Circular A -133 for any of its fiscal years in which Contractor expends
more than S500,000 in combined state or federal financial assistance.
The Contractor will provide H -GAC a copy of the single audit on request. including management letter and
reporting package required by federal and state rules within thirty (30) days after receipt of the auditor's
report, or nine months after the end of the audit period.
H -GAC reserves the right to conduct or cause to be conducted an independent audit of all funds distributed
under this Agreement which may be performed by the local government audit staff, a certified public
accountant firm, or other auditors as designated by the H -GAC. Such audit will be conducted in accordance
with State law, regulations, and policy, and generally accepted auditing standards and established procedures
and guidelines of the reviewing or audit agency(ies).
The Contractor understands and agrees that the Contractor shall be liable to the H -GAC for any costs
disallowed or overpayment as a result of audit or inspection of records kept by the Contractor on work
performed under this Agreement.
ARTICLE 13 EXAMINATION OF RECORDS
The Contractor shall maintain during the course of the work, complete and accurate records of all of the
Contractors costs and documentation of items, which are chargeable to E1 -GAC under this Agreement. H-
GAC, through its staff or designated public accounting firm, the State of Texas and tite United States
Government, shall have the right at any reasonable time to inspect, copy and audit those records on or off the
premises by authorized representatives of its own or any public accounting firm selected by it. The right of
access to records is not limited to the required retention period, but shall last as long as the records are
retained. Failure to provide access to records may be cause for termination of the Agreement. The records to
be thus maintained and retained by the Contractor shall include (without limitation): (1) personnel and payroll
records, including social security numbers and labor classifications, accounting for total time distribution of
the Contractor's employees working full or part time on the work, as well as cancelled payroll checks, signed
receipts for payroll payments in cash, or other evidence of disbursement of payroll payments; (2) invoices for
purchases, receiving and issuing documents, and all other unit inventory records for the Contractor's stocks or
capital items; and (3) paid invoices and cancelled checks for materials purchased and for subcontractors' and
any other third party's charges.
The Contractor further agrees to include in all its subcontracts permitted pursuant to Article I I hereof, a
provision to the effect that the subcontractor agrees that H -GAC and its duly authorized representatives shall,
until the expiration of three (3) years after final payment under the subcontract or until all audit findings have
been resolved, have access to and the right to examine and copy any directly pertinent books, documents,
papers, invoices and records of such subcontractor involving transactions relating to the subcontract.
ARTICLE: 14 RETENTION OF RECORDS
The Contractor shall maintain all records pertinent to this Agreement, including but not limited to those
records enumerated in Article 13, and all other financial, statistical, property, participant records, and
supporting documentation for a period of no less than three (3) calendar years from the later of the date of
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acceptance of the final contract closeout or the date of the final audit required under Article 12 of this
Agreement. If any litigation, claim, negotiation, audit or other action involving the records has been started
before the expiration of the retention period, the records shall be retained until completion of the action and
resolution of all issues which arise from it, or until the end of the regular three (3) year period, whichever is
later.
ARTICLE 15 CHANGES AND AMENDMENTS
Any alterations, additions, or deletions to the terms of this Agreement which are required by changes in
federal law or regulations are automatically incorporated into this Agreement without written amendment
hereto, and shall become effective on the date designated by such law or regulation: provided, if the
Contractor may not legally comply with such change, the Contractor may terminate its participation herein as
authorized by Article 16.
H -GAC may, from time to time, request changes in the scope of the services of the Contractor to be
performed hereunder and'or the Compensation to be paid for services described in this Contract. The
Contractor's Authorized Official, or his/her designee, is hereby authorized to accept funding for additional
classes in accordance with the attached Law Enforcement Training Schedule (Attachment A), which is hereby
incorporated into this contract by this reference for all purposes. Such changes that are mutually agreed upon
by and between H -GAC and the Contractor in writing shall be incorporated into this Agreement.
ARTICLE 16 TERMINATION PROCEDURES
The Contractor acknowledges that this Agreement may be terminated under the following circumstances:
A. Convenience
H -GAC may terminate this Agreement in whole or in part without cause at any time upon thirty (30)
days written notice by certified mail to the Contractor whenever for any reason 1-1 -GAC determines
that such termination is in the best interest of H -GAC. Upon receipt of notice of termination, all
services hereunder of the Contractor and its employees and subcontractors shall cease to the extent
specified in the notice of termination. In the event of termination in whole, the Contractor shall
prepare a final invoice within thirty (30) days of such termination reflecting the services actually
performed which have not appeared on any prior invoice. Such invoice shall be satisfactory to the
Executive Director or his designee. 1-1 -GAC agrees to pay the Contractor, in accordance with the
terms of the Agreement, for services actually performed and accruing to the benefit of H -GAC, less
payment of any compensation previously paid.
The Contractor may cancel or terminate this Agreement upon thirty (30) days written notice by
certified mail to H -GAC, whenever for any reason the Contractor determines that such termination is
in the best interest of the Contractor. The Contractor may not give notice of cancellation after it has
received notice of default from H -GAC. In the event of such termination prior to completion of the
Agreement provided for herein, H -GAC agrees to pay for work actually performed and invoiced in
accordance with the terms of this Agreement, less payment of any compensation previously paid.
B. Default
H -GAC may. by written notice of default to the Contractor, terminate the whole or any part of the
Agreement in any one of the following circumstances:
(1) If the Contractor fails to perform the services herein specified within the time specified
herein or any extension thereof. or
(2) If the Contractor fails to perform any of the other provisions of this Agreement for any
reason whatsoever, or so fails to make progress or otherwise violates the Agreement that
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completion of the services herein specified within the agreement term is significantly
endangered, and in either of these two instances does not cure such failure within a period
of ten (10) days (or such longer period of time as may be authorized by H -GAC in writing)
after receiving written notice by certified mail of default from H -GAC.
In the event of such termination, all services of the Contractor and its employees and subcontractors
shall cease and the Contractor shall prepare a final invoice reflecting the services actually performed
pursuant to the Agreement, which have not appeared on any prior invoice. Such invoice must be
satisfactory to the Executive Director of H -GAC or his designee. 1-1 -GAC agrees to pay the
Contractor, in accordance with the terms of this Agreement, for services actually performed and
accruing to the benefit of 1-i -GAC as reflected on said invoice, less payment of any compensation
previously paid and less any costs or damages incurred by H -GAC as a result of such default,
including an amount agreed to in writing by H -GAC and the Contractor to be necessary to complete
the services herein specified, in addition to that which would have been required had the Contractor
completed the services herein specified.
ARTICLE 17 SEVERABILITV
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.
ARTICLE 18 COPYRIGHTS
The state or federal awarding agency and H -GAC reserve a royalty-free, nonexclusive, and irrevocable license
to reproduce, publish or otherwise use, and to authorize others to use, for state or federal government or H-
GAC purposes:
(a) The copyright of all maps, data, reports, research or other .work developed under this
Agreement; and
(b) Any copyrights or rights of use to copyrighted material, which the Contractor purchases
with funding under this Agreement. All such data and material shall be furnished to H-
GAC on request.
ARTICLE 19 OWNERSHIP OF MATERIALS
Except as may be specified in the Special Provisions, all data, reports, research. etc., developed by the
Contractor as a part of its work under this Agreement shall become the property of the 1-I -GAC upon
completion of this Agreement, or in the event of termination or cancellation hereof, at the time of payment
under article 8 for work performed. All such data and material shall be furnished to H -GAC on request.
ARTICLE 20 FORCE MAJEURE
To the extent that either party to this Agreement shall be wholly or partially prevented from the performance
within the term specified of any obligation or duty placed on such party by reason of or through strikes,
stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or
specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such
event, the time for the performance of such obligation or duty shall be suspended until such disability to
perform is removed. Determination of force majeure shall rest solely with the H -GAC.
ARTICLE 21 NON - DISCRIMINATION AND EQUAL OPPORTUNITY
The Contractor agrees to comply with all federal statutes relating to nondiscrimination. These include but are
not limited to: (a) Title V1 of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the
basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20
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U.S.C. §§ 1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of
the Rehabilitation Act of 1973. as amended (29 U.S.C. § 794). which prohibits discrimination on the basis of
handicaps and the Americans with Disabilities Act of 1990: (d) the Age Discrimination Act of 1974, as
amended (42 U.S.C. §§ 6101- 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse
Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of
drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91 -616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 ee -3),
as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil
Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale. rental or
financing of housing; (1) any other nondiscrimination provisions in any specific statute(s) applicable to any
Federal funding for this Agreement; and 0) the requirements of any other nondiscrimination statute(s) which
may apply to this Agreement.
ARTICLE 22 CONFLICT OF INTEREST
No officer, member or employee of the Contractor or subcontractors, no member of the governing body of the
Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the
review or approval of this Agreement, shall participate in any decision relating to this Agreement which
affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this
Agreement.
ARTICLE 23 POLITICAL ACTIVITI': LOBBYING
No funds provided under this Agreement may be used in any way to attempt to influence in any manner a
member of Congress to favor or oppose any legislation or appropriation by Congress, or for lobbying with
state or local legislators. The Contractor, if a recipient of federal assistance exceeding $100,000 through an
I I -GAC subcontract, will comply with section 319, Public Law 101 -121 (31 U.S.C. 1352).
ARTICLE 24 SECTARIAN INVOLVEMENT PROHIBITED
The Contractor shall ensure that no funds under this Agreement are used, either directly or indirectly, in the
support of any religious or anti - religious activity, worship, or instruction.
ARTICLE 25 CRIMINAL PROVISIONS AND SANCTIONS
'['he Contractor agrees that it will perform the Agreement activities in conformance with safeguards against
fraud and abuse as set forth by the 1-1 -GAC, the State of Texas, and the acts and regulations of the funding
entity. The Contractor agrees to promptly notify H -GAC of suspected fraud, abuse or other criminal activity
through the filing of a written report within twenty-four (24) hours of knowledge thereof and to notify H -GAC
of any accident or incident requiring medical attention arising from its activities under this Agreement within
twenty -four (24) hours of such occurrence. Theft or willful damage to property on loan to the Contractor from
H -GAC, if any, shall be reported to local law enforcement agencies and H -GAC within two (2) hours of
discovery of any such act.
The Contractor further agrees to cooperate fully with H -GAC, local law enforcement agencies, the State of
Texas. the Federal Bureau of Investigation and any other duly authorized investigative unit in carrying out a
full investigation of all such incidents.
ARTICLE 26 TITLES NOT RESTRICTIVE
The titles assigned to the various Articles of this Agreement are for convenience only. Titles shall not be
considered restrictive of the subject matter of any Article, or part of this Agreement.
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ARTICLE 27 ACKNOWLEDGEMENT OF FUNDING SOURCE
The Contractor shall give credit to H -GAC as the funding source for this Agreement in all oral presentations,
written documents, publicity, and advertisements regarding any of the Contractor's activities, which arise
from this Agreement.
ARTICLE 28 DISPUTES
Any and all disputes concerning questions of fact or of law arising under this Agreement which are not
disposed of by agreement shall be decided by the Executive Director of H -GAC or his designee, who shall
commit his decision to writing and provide notice thereof to the Contractor. The decision of the Executive
Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of
such copy, the Contractor requests a rehearing from the Executive Director of H -GAC. In connection with
any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer
evidence in support of its position. The decision of the Executive Director after any such rehearing shall be
final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the
Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the
Contractor shall proceed diligently with the performance of the Agreement and in accordance with H -GAO's
final decision.
ARTICLE 29 GOVERNING LAW, VENUE
This Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or
cause of action arising under or in connection with the Agreement shall lie exclusively in Harris County,
Texas, unless the laws of the State of Texas specifically establish venue in some other county.
ARTICLE 30 ORDER OF PRIORITI'
In the case of any conflict between the General Provision. the Special Provisions, and Attachments to this
Agreement, the following order of priority shall be utilized: Special Provision. General Provisions, and
Attachments.
SIGNATURES:
H -GAC and the Contractor have executed the Agreement as of the date first written above.
Jack Steele, Executive Director
Houston - Galveston Area Council
Date
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Garrison C. Brumback, City Manager
City of Baytown
Date
HOUSTON- GALVESTON AREA COUNCIL
REGIONAL LAW ENFORCEMENT TRAINING
SPECIAL CONTRACT PROVISIONS
ARTICLE 1 INTRODUCTION
This contract is by and between the Houston - Galveston Area Council, Grantee or Planning Agency, and the
City of Baytown for use of its Baytown Police Department Training Academy facility and instructors and in
aid of Criminal Justice Division (CJD) Grant No. SF- 08 -A10- 14719 -09, titled Law Enforcement Training
Project. It is understood by all parties that payment obligations created by this contract are conditional upon
the availability of State or Federal funds appropriated or allocated for the payment of such obligations. The
term of this contract shall commence on September 1, 2008, and shall end on August 31. 2009, unless
extended or terminated as otherwise provided for in this contract.
This contract shall automatically terminate on the grant expiration date or any extension date thereof granted
by CJD or upon termination of the underlying grant by CJD. All services billed hereunder must be rendered
within the grant period.
ARTICLE 2 SCOPE OF SERVICES
The Contractor covenants and agrees to provide regional law enforcement training set forth in this contract
and Attachment A. The Planning .Agency hereby agrees to engage the Contractor and the Contractor agrees to
perform regional law enforcement training hereinafter set forth pursuant to the provisions of the grant from the
Office of the Governor, Criminal Justice Division. The services to be performed by the Contractor are
herewith outlined as follows.
(a) Project Task: The Contractor shall provide training and instruction to law enforcement
personnel in the H -GAC region. The Contractor shall provide such instruction only to
students who are eligible or who would be eligible for certification upon completion of a
course. by the Texas Commission on Law Enforcement Officer Standards and Education
(TCL£OSE).
(b) Work Product: In performing the services specified herein, the Contractor shall provide
instruction in the courses as described in the Law Enforcement Training Schedule which is
attached hereto and is a part of the Contractor. Times within the Contract performance
period and locations in the region for conduct of the courses specified shall be mutually
agreed upon by the Planning Agency and the Contractor.
(c) The content and presentation of each course shall comply fully with all applicable rules and
regulations of TCLEOSE.
(d) The Contractor may, at its sole discretion, elect to grant academic credit for courses offered
under this agreement. However, such granting of academic credit shall in no way relieve
the Contractor of its obligation to meet the terms of this Contract, the request for proposal
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and the rules and regulations of TCLEOSE. Contractor's election to grant academic credit
shall not increase cost of the course presentation to I -1 -GAC or the student.
(e) The Contractor shall be responsible for the timely distribution of announcements of
contracted course(s) to potential trainees.
(f) The Contractor shall require trainees to complete Instructor Evaluation Questionnaires for
each course. The Questionnaire shall be the design of the Contractor. A summary of these
forms shall be furnished to the Planning Agency on request.
ARTICLE 3 PERFORMANCE PERIOD
The period of this Contract shall commence on September 1, 2008 and continue in force until August 31,
2009. unless extended by the Planning Agency as provided in Article 4.
ARTICLE 4 CONTRACT EXTENSION
1-1 -GAC may at its option offer a contract extension at the completion of the initial performance period.
Contract extensions may be offered if all contract conditions have been satisfactorily met during the initial
performance period, if the service remains a priority service for funding by H -GAC, and if no outstanding
audit or monitoring findings are unresolved. Such extension shall be the option of H -GAC with the
Contractor given the right of first refusal. Terms of compensation and performance will be renegotiated in
conformance with available federal funding, priorities identified by H -GAC for the period of the contract
extension, and H -GAC's current policies regarding funding such services at the time the extension is offered.
If 1-1 -GAC elects to exercise such option. it shall by delivering a Notice of Renewal to the Contractor at least
30 days prior to the end of the initial Performance Period.
ARTICLE 5 COORDINATION OF TR WING PROJECT
The Planning Agency shall provide coordination of training activities, including overall monitoring and
implementation of the training program. The 1-I -GAC training Coordinator shall act as liaison between the
area law enforcement agencies and the Contractor, and the Office of the Governor, Criminal Justice Division.
The Contractor shall provide a staff coordinator of services under this contract who holds a valid Instructor
certificate from the TCLEOSE and who shall act as liaison between the Contractor and the Planning Agency.
The Contractor shall immediately notify the Planning agency in writing of any change in the TCLEOSE
certification.
ARTICLE 6 COMPENSATION
The Planning Agency agrees to pay the Contractor the total sum not to exceed thirty six thousand seven
hundred and forty three dollars ($36.743) for services described in this Contract. subject to amendment or
change of this Agreement in accordance with Article 16 of the General Provisions.
ARTICLE 7 METHOD OF PAYMENT
The Planning Agency shall make payments to the Contractor in the following manner:
(a) Contractor shall be paid actual documented cost of each course conducted as listed in the
Law Enforcement Training Schedule. In no event shall the payment for a course exceed the
amount shown in that chart unless an amendment has been put in place. Contractor shall
not be paid for any individual course until that course has been conducted and completed.
Contractor shall bill the Planning Agency for fully documented and substantiated costs of
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all courses conducted within thirty (30) days of course completions. Contractor shall
include with each billing the following:
A copy of the Report of Training Form submitted to TCLEOSE attesting to:
a. Attendance by each trainee, and
b. Successful completion of the course
2. A list of all instructors presenting materials during the course, showing names.
subject(s) presented, and hours of instruction.
HGAC's reimbursement form (Attachment B) to be completed and submitted with
the total cost billed, identifying the course(s) completed, number of students and
other information as indicated.
(b) No course shall be conducted unless documented proof of currently valid TCLEOSE
certification covering that course is in possession of the Planning Agency at least fifteen
(15) days prior to the first class day of that course.
(c) All intermediate and advanced courses shall be open to all local law enforcement officers
on an equal basis. Special peace officers may attend courses on the same basis as local
peace officers if space is available.
(d) Each intermediate and advanced course shall have at least the minimum number and. at
most, the maximum number of registrants as specified in the Law Enforcement Training
Schedule for that course. The maximum number has been determined according to the
nature of the course, for effective training.
(e) Part-time peace officers and special peace officers may attend intermediate and advanced
courses if space is available after all full time, commissioned peace officer applicants have
been accommodated according to (c), above.
(f) In the event a course fails to have the minimum number of registrants as specified by the
Law Enforcement Training Schedule when the class commences, the Contractor will notify
1 -1 -GAC in writing (e- mail /mail) a request to continue below minimum enrollment.
If a Contractor chooses to conduct a scheduled course with less than the minimum number
of students, a Below Minimum Enrollment Form must be submitted to H -GAC (e-
mail/mail) with prior approval.
(g) Contract shall not exceed the sum of thirty six thousand seven hundred and forty three
dollars ($36.743) be paid to the Contractor as payment for conducting and completing the
courses described in the Law Enforcement Training Schedule unless amended by the
planning agency and contractor as provided in article 15 of general provisions.
ARTICLE S PERSONNEL
The Contractor shall furnish all necessary personnel with the professional classification, qualifications, skill
and expertise required to perform the services to be rendered pursuant to Article 2 of the Special Contract
Provisions. The Contractor shall be responsible for completion of the services to be rendered and will provide
all necessary supervision and coordination of activities that may be required to complete the services. The
Contractor shall not subcontract work to be performed as described by Article 2 of the Special Contract
Provisions without prior written consent of H -GAC.
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ARTICLE 9 SUBCONTRACTS
The Contractor shall furnish to the Planning Agency a copy of the completed "Agreement for
Consultant/Instructor" when the Contractor uses the services of a person as an instructor or consultant when
that person is not part of the regular instructional staff of the contracting institution. Copies of the Agreement
shall be kept on file at the Baytown Police Department Training Academy. Copies of these shall be furnished
to the Planning Agency upon request.
ARTICLE 10 COPYRIGHTS AND RIGHTS IN DATA
When activities involved in the services provided for in this Contract produce original books. manuals, films,
computer programs (including executable computer programs and supporting data in any form) or other
copyrightable material, the Contractor may copyright such, but the Governor's Office of General Counsel and
Criminal Justice reserves a royalty-free, non- exclusive and irrevocable license to produce, publish and use
such materials and to authorize others to do so.
Provisions appropriate to effectuate the purpose of this condition must be in all employment contracts,
consultant agreements and other subcontracts emanating from this Contract.
ARTICLE 11 LABOR STANDARDS
The Contractor will comply with the Fair Labor Standards Act of 1938 (29 USC 676 et.seq.).
ARTICLE 12 AGE DISCRIMINATION
The Contractor will comply with the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.).
ARTICLE 13 INSURANCE
The Contractor represents to H -GAC that it self - insures its general liability exposure including bodily injury,
death and property damage. The limits of liability are set in part by the Texas Tort Claims Act. The
Contractor self - insures workers compensation and employer's liability under the Texas Workers
Compensation Act.
ARTICLE 14 ASSIGNMENT
The provisions of this contract shall not be assignable without the prior written consent of the other party.
Written consent on the part of 1-1 -GAC shall be in the form of a motion or resolution. adopted by the Board of
Directors of H -GAC.
ARTICLE 15 RECORDS RETENTION
Records shall be retained for at least THREE (3) YEARS following the closure of the most recent audit
report and until any outstanding litigation; audit or claim has been resolved. Records are subject to inspection
by I I -GAC, CID, or any state or federal agency authorized to inspect same.
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SIGNATURES:
H -GAC and the Contractor have executed this agreement in multiple copies, each of which is an
original
ACCEPTED BY:
CITY OF BAYTOWN
Signature
Name
Title
Date
Garrison C. Brumback
City Nlanaaer
HOUSTON- GALVESTON AREA COUNCIL
Signature
Name Jack Steele
Title Executive Director
Date
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ATTACHMENT A
HOUSTON- GALVESTON AREA COUNCIL
2009 LAW ENFORCEMENT TRAINING SCHEDULE
Baytown Police Academy
Course Title Course Course Minimum Bid Reimbursement
Number Hours Enrollment Cost Amount
All Terrain Vehicle
3300
24
10
$2,461.00
$1,476.60
(A.T.V.)
All Terrain Vehicle
3300
24
10
$2,461.00
$1,476.60
(A.T.V.)
Arrest, Search &
2108
16
20
$929.00
$557.40
Seizure (ICC)
Basic Instructor
1014
40
10
$1,912.00
$1,147.20
Basic Instructor
1014
40
10
$1,912.00
$1,147.20
Child Abuse Prevention
2105
24
20
$1,049.00
$629.40
and Investigation (ICC)
Crime Scene
2106
32
20
$2,434.00
$1,460.40
Investigation (ICC)
Crisis Intervention
3841
16
15
$849.00
$509.40
Training
Crisis Intervention
3841
16
15
$849.00
$509.40
Training
Defensive Tactics
3300
16
12
$1,269.00
$761.40
Defensive Tactics
3300
16
12
$1,269.00
$761.40
Defensive Tactics
3300
16
12
$1,269.00
$761.40
Ethics and Integrity
3930
16
15
$849.00
$509.40
Female Officer Survival
3300
40
15
$2,902.00
$1,741.20
Female Officer Survival
3300
40
15
$2,902.00
$1,741.20
Field Training Officer
3702
24
15
$1,255.00
$753.00
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Firearms Instructor
2222
40
15
$3,452.00
$2,071.20
Certification
Glock Transition
3300
24
10
$2,517.00
$1,510.20
Glock Transition
3300
24
10
$2,517.00
$1,510.20
Intermediate Accident
3400
24
15
$1,062.00
$637.20
Investigation
Intermediate Accident
3400
24
15
$1,062.00
$637.20
Investigation
Officer Survival
3300
40
15
$2,902.00
$1,741.20
Officer Survival
3300
40
15
$2,902.00
$1,741.20
Patrol Rifle
3300
24
10
$1,838.00
$1,102.80
Patrol Rifle
3300
24
10
$1,838.00
$1,102.80
Police Emergency
3300
32
10
$3,977.00
$2,386.20
Driving
Police Emergency
3300
32
10
$3,977.00
$2,386.20
Driving
Semi -Auto Handgun
3300
8
10
$837.00
$502.20
Update I
Semi -Auto Handgun
3300
8
10
$837.00
$502.20
Update I
Semi -Auto Handgun
3300
8
10
$882.00
$529.20
Update II
Semi -Auto Handgun
3300
16
10
$1,285.00
$771.00
Update III
Shotgun
3300
8
10
$920.00
$552.00
Shotgun
3300
8
10
$920.00
$552.00
Use of Force (ICC)
2107
16
20
$941.00
$564.60
$36,742.20
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