Ordinance No. 12,095ORDINANCE NO. 12,095
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 MEMORANDUM OF UNDERSTANDING WITH HARRIS COUNTY
FOR THE REDISTRIBUTION OF A GRANT - FUNDED VEHICLE; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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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 a Memorandum of Understanding with Harris County
for the redistribution of a grant- funded vehicle. 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 d after its passage by the
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City Council of the City of Baytown. /
INTRODUCED, READ, and PASSED by the affirmative vot�ylf the City Council of the City of
Baytown, this the 25`h day of October, 2012. J(
APPROVED AS TO FORM:
R:\Karen\Files \City CoundhOrdinances\2012 \0ctober 25 \H=isCoun1yM0U4 Vehicle.doc
Mayor
Exhibit "A"
MEMORANDUM OF UNDERSTANDING TO REDISTRIBUTE GRANT
FUNDED VEHICLES BETWEEN HARRIS COUNTY AND
THE CITY OF BAYTOWN
This Memorandum of Understanding ( "MOU ") is made and entered into by and between
the City of Baytown, Texas (the "City ") and Harris County, Texas ( "County ") on behalf
of the Harris County Sheriff's Office ( "HCSO "), hereafter collectively the "Parties."
SECTION I. BACKGROUND AND PURPOSE
A. In 2006, County received a Federal Port Security Grant in the amount of
$9,145,907.00 from the Department of Homeland Security's (DHS) Infrastructure
Protection Program as part of a coordinated, national effort to strengthen the security of
America's critical infrastructure.
B. A portion of this funding was used to purchase vehicles for the HCSO, which
purchased 22 vehicles in 2011. As a result of the negative economic climate, the HCSO
has not been able to hire personnel to use the 22 vehicles and desires to share these
vehicles with other appropriate governmental entities, including the City Police
Department.
C. The HCSO has contacted the granting agency, FEMA, and received permission to
move the vehicles from HCSO inventory to the City inventory with the understanding
that the entities would enter into an MOU to memorialize the transaction.
SECTION II. TERM
A. The term of this MOU shall commence on the latest date of execution by a Party, and
run for a period of one (1) calendar year, unless sooner terminated in accordance with this
MOU. This MOU shall automatically renew for additional one (1) year periods, unless
terminated as provided below.
B. This MOU may be terminated at any time, for any reason, by either County or the
City, upon thirty (30) days written notice to the other party, specifying a termination date.
SECTION III. RESPONSIBILITIES OF COUNTY
A. County, from HCSO, shall transfer: one (1) White 2011 Ford /Crown Victoria
vehicle, equipment #24296, VIN# 2FABP7BV5BX 106654, to the City after execution
of this MOU. County shall maintain a copy of the paperwork regarding the purchase and
transference of the vehicle for audit purposes. County may place written information or
insignias on the vehicle as required by the grant.
B. County hereby instructs the City that said vehicle must be used in accordance with all
federal, state and local laws, rules and regulations pertaining to the grant and this MOU.
SECTION IV. RESPONSIBILITIES OF CITY
A. Specific use of vehicles:
1. The vehicle will be used in a "very visible" manner to patrol the land -side
within the City's jurisdiction.
2. The vehicle will spend a majority of time patrolling to prevent, detect, manage,
and mitigate IED threats /attacks.
a. The vehicle will spend a majority of time patrolling the following areas to
the extent that the same are within the City's jurisdiction:
i. Quadrant 1: Interstate 10 from 610 Loop east to Highway 146 south to
the Fred Hartman Bridge (Baytown Bridge), and the surrounding
industry.
ii. Quadrant 2: Highway 146 from the Fred Hartman Bridge south to the
Kemah Bridge, and the surrounding industry.
iii. Quadrant 3: Highway 146 from Red Bluff Road north to Genoa Red
Bluff Road West to Beltway 8, and the surrounding industry including
Sherman Bridge.
iv. Quadrant 4: Beltway 8 North to Highway 225 and all of Highway 225.
From Highway 225 North on 610 Loop to Interstate 10, and surrounding
industry.
b. Patrols will include the Washburn Tunnel, Sherman Bridge, Fred Hartman
Bridge, Beltway 8 Toll Bridge, Lynchburg Ferry areas and the Bayport
Container Terminal to the extent that the same are within the City's
jurisdiction.
c. The City will maintain a written log of patrols. Logs will include officers'
names, times and beginning and ending mileage for the shift, and a list of all
the areas patrolled.
d. The vehicle will be for on -duty use and official business use ONLY.
B. Additional vehicle provisions:
1. The City agrees to accept and to maintain the vehicle; to carry comprehensive
liability insurance, including bodily injury and collision, or self - insurance regarding the
vehicle; and to assume all expenses for the vehicle as long as it remains in the possession
of the City.
a. The City agrees to assume all responsibility and liability for the acts
and omissions of its employees with regard to the use of the vehicle, and
to release County and HCSO from any claims, causes of action,
judgments, or other expenses arising out of any accidents caused by the
use or misuse of the vehicle by an employee of the City.
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b. The City agrees to enter into the documents attached hereto and
incorporated herein as Exhibits A, B and C required for the grant, and to
maintain any written documents required by the grant or by County or
HCSO with regard to the vehicle — i.e. documentation of proper
maintenance, mileage and log records, insurance coverage, vehicle use, and
grant requirements. The City agrees to provide County with evidence of
insurance or self - insurance for the vehicle.
SECTION V. RETURN OF VEHICLES
A. In the event that the City determines it no longer desires to use one or more of the
vehicles, and desires to return the vehicle to HCSO, or this MOU is terminated, then the
City shall give HCSO notice of its intent and make arrangements for the vehicle to be
returned to HCSO.
B. In the event that a vehicle becomes inoperable either through age, accumulation of
mileage, damage, or other event, which is not economically feasible for the City to repair,
the City shall notify County and HCSO to determine appropriate handling of the vehicle,
and to document all actions taken in regard to the vehicle.
SECTION VI. NO COUNTY FUNDS
The City understands and agrees that County is NOT certifying any funds under this
MOU and does not have any funds for the maintenance, insurance, or other operational
costs for the vehicle after transfer of the vehicle to the City. The City agrees NOT to
make any claims against County or HCSO for any expenses after receipt of the vehicle by
the City.
SECTION VII. RELATIONSHIP OF THE PARTIES
A. It is understood and agreed that the City is a separate legal entity from County and
neither the City nor any of its officers, employees, volunteers, agents, or representatives
shall be deemed for any purposes to be employees, agents or representatives of County.
The City assumes full responsibility for the actions of its personnel and volunteers while
performing any services incident to this MOU, and shall remain solely responsible for
their supervision, daily direction and control, payment of their salary (including
withholding of income taxes and social security), workers' compensation, disability
benefits, liability for any work related accidents, and like requirements and obligations.
This MOU is not intended to create a joint enterprise, joint venture, business partnership,
agency, franchise, or employment relationship, under Texas law.
B. City may, upon notice to County, place a decal or other insignia on the subject
vehicle bearing the name of the Baytown Police Department.
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C. Nothing in this MOU shall be deemed or construed to create any third party
beneficiaries or otherwise give any third party any claim or right of action against any
party to this MOU.
SECTION VIII. NO WAIVER OF IMMUNITY
Neither Party waives or relinquishes any immunity or defense on behalf of itself, its
trustees, officers, employees, and agents as a result of its execution of this MOU and
performance of the functions or obligations described herein.
SECTION IX. NO WAIVER OF OBLIGATIONS
No waiver of a breach of any provision of this MOU shall be construed to be a waiver of
any breach of any other provision. No delay in acting with regard to any breach of any
provision shall be construed to be a waiver of such breach.
SECTION X. NOTICE
Any notice required to be given under the provisions of this MOU shall be in writing and
shall be duly served when it shall be hand delivered, or faxed to the addresses set out
below with a receipt obtained for such delivery, or shall have been deposited, duly
registered or certified, return receipt requested, in the United States Mail addressed to the
other party at the following addresses:
To: Harris County Sheriff's Office
Attn: Sheriff Adrian Garcia
1200 Baker Street
Houston, TX 77002
Fax:
Or to: City of Baytown
Attn: Chief of Police
3200 N. Main Street
Baytown, Texas 77521
Fax: 281- 427 -5037
With a copy to:
Harris County Commissioners Court
Attn: County Judge Ed Emmett
1001 Preston. 91h Floor
Houston, TX 77002
Fax:
With a copy to:
City of Baytown
Attn: City Manager
2401 Market Street
Baytown, TX 77520
Fax: 281 - 420 -6586
Any party may designate a different address by giving the other party ten (10) days prior
written notice of the new address, in the manner provided above.
SECTION XI. SECTION HEADINGS
The headings of sections contained in this MOU are for convenience only, and they shall
not, expressly or by implication, limit, define, extend, or construe the terms or provisions
of the sections of this Agreement.
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SECTION XII. RECORDS RETENTION AND AUDITS
The City understands that this is a grant transaction and that an authorized representative
of FEMA, the U.S. Department of Homeland Security, the Harris County Auditor,
County, HCSO, the State of Texas, the Inspector General of the U.S., or any of their duly
authorized representatives, shall be afforded unrestricted access to and permitted to
inspect and copy all City records, including but not limited to: accounting records,
vehicle logs, maintenance and insurance information, correspondence, drawings,
instructions, receipts, vouchers, memoranda, similar data, or other information required
by the grant (hard copy as well as computer readable data) pertaining to this MOU. The
City shall preserve all such records for a period of five (5) years after termination of this
MOU, or for such longer period as may be required by law, or for audit purposes. In the
event that any of the vehicles are involved in an accident, the City shall maintain
documentation regarding such vehicle until final resolution of any lawsuit, including
appeals, or for a period of five years after termination of this MOU, whichever is longer.
SECTION XIII. SEVERABILITY
The provisions of this MOU are severable. If any provision of this MOU or the
application thereof to any person or circumstances shall be invalid or unenforceable to
any extent, the remainder of the MOU and the application of such provisions to other
persons or circumstances shall not be affected thereby and shall be enforced to the
greatest extent permitted by law.
SECTION XIV. COMPLETE UNDERSTANDING
This MOU shall constitute the complete understanding of the County and the City, and
may not be modified in any manner without the express written consent of both parties.
IN WITNESS THEREOF, THE CITY OF BAYTOWN and HARRIS COUNTY
have executed this MOU through their duly authorized representatives, and the Sheriff of
Harris County and the Police Chief for the City of Baytown Police Department have
approved it.
CITY OF BAYTOWN
By
ROBERT D. LEIPER Date
City Manager
APPROVED:
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HARRIS COUNTY
By
ED EMMETT Date
County Judge
APPROVED:
By:
KEITH DOUGHERTY Date
Chief of Baytown Police Department
APPROVED AS TO FORM:
By:
IGNACIO RAMIREZ, SR., City Attorney
a
ADRIAN GARCIA Date
Harris County Sheriff
APPROVED AS TO FORM:
VINCE RYAN
Harris County Attorney
Dori A. Wind, Asst. County Attorney
STATE OF TEXAS §
COUNTY OF HARRIS §
The Commissioners Court of Harris County, Texas, convened at a meeting of said
Court at the Harris County Administration Building in the City of Houston, Texas, on the
day of , 2012, with the following member's present, to -wit:
Ed Emmett
E1 Franco Lee
Jack Morman
Steve Radack
R. Jack Cagle
and the following members absent, to -wit:
County Judge
Commissioner, Precinct No. 1
Commissioner, Precinct No. 2
Commissioner, Precinct No. 3
Commissioner, Precinct No. 4
constituting a quorum, when among other business, the following was transacted:
Commissioner introduced an Order and made a motion
that the same be adopted. Commissioner seconded the motion for
adoption of the Order. The motion, carrying with it the adoption of the Order, prevailed by the
following vote:
Judge Emmett
Comm. Lee
Comm. Morman
Comm. Radack
Comm. Cagle
Yes
No
Abstain
❑
❑
❑
❑
❑
❑
The County Judge thereupon announced that the motion had duly and lawfully
carried and that the Order had been duly and lawfully adopted. The Order thus adopted
follows:
ORDER AUTHORIZING EXECUTION OF MEMORANDUM OF
UNDERSTANDING TO REDISTRIBUTE GRANT FUNDED
VEHICLES BY AND BETWEEN HARRIS COUNTY ON BEHALF
OF THE HARRIS COUNTY SHERIFF'S OFFICE AND THE CITY
OF BAYTOWN
RECITALS:
WHEREAS in 2006, County received a federal Port Security Grant in the amount of
$9,145,907.00 from the Department of Homeland Security's (DHS) Infrastructure
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Protection Program as part of a coordinated, national effort to strengthen the security of
America's critical infrastructure; and
WHEREAS, a portion of this funding was used to purchase vehicles for the Harris
County Sheriff's Office (HCSO), which purchased 22 vehicles in 2011. As a result of the
negative economic climate, the HCSO has not been able to hire personnel to use the 22
vehicles and desires to share these vehicles with other appropriate governmental entities,
including the City of Baytown Police Department, and
WHEREAS, the HCSO has contacted the granting agency, FEMA, and received
permission to move one vehicle from HCSO inventory to the City of Baytown inventory
with the understanding that the entities would enter into an MOU to memorialize the
transaction.
NOW THEREFORE, IT IS ORDERED BY THE COMMISSIONERS COURT OF
HARRIS COUNTY, TEXAS, THAT:
Section 1: The recitals set forth in this Order are true and correct.
Section 2: Harris County Judge Ed Emmett is authorized to execute this
Agreement on behalf of Harris County beginning on the latest date of signature by the
parties, for HCSO to transfer one vehicle to the City of Baytown Police Department to be
used to protect the residents of Harris County as specified in the MOU, at no cost to
Harris County.
Section 3: All Harris County officials and employees are authorized to do any
and all things necessary or convenient to accomplish the purpose of this Order.
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