Ordinance No. 14,702ORDINANCE NO. 14,702
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 AN INTERLOCAL AGREEMENT WITH THE
CITY OF HOUSTON FOR THE USE OF A 2008 FORD F550 BUCKET
TRUCK FOR LAW ENFORCEMENT PURPOSES; 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 an Interlocal Agreement with the City
of Houston for the use of a 2008 Ford F550 Bucket Truck for law enforcement purposes. 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 of the City Council of the
City of Baytown this the 81h day of April, 2021.
BRANDON CAP TILLO, Mayor
ATTEST:
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ANGELA CKSON, Interim City Clerk
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APPROVED AS TO FORM:O F I'e
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KAREN L. HORNER, City Attorney
RAKaren Homer\DocumentsTiles City Council Ordinances\202lApril 8 •COHlnterlocaMBucketTruck.doc
Exhibit "A"
INTERLOCAL AGREEMENT
State of Texas
This Interlocal Government Agreement is entered into on the date countersigned by the
City Controller ("Effective Date") pursuant to the Interlocal Cooperation Act, Texas
Government Code, Chapter 791, by and between the City of Houston, hereinafter referred
to as "HOUSTON" and the City of Baytown, hereinafter called "BAYTOWN".
1. Scope and Use
This agreement sets forth the understanding for BAYTOWN's operation and use
of a 2008 Ford F550 Bucket Truck owned by HOUSTON known as and hereafter referred
to as "Bucket Truck". The Bucket Truck has the intended use of assisting with law
enforcement technical surveillance operations. In consideration for BAYTOWN housing,
maintaining, repairing and insuring the Bucket Truck, HOUSTON shall provide the Bucket
Truck to BAYTOWN for its operation and use for the term set forth below, subject however
to any conditions, mutual covenants, terms, provisions and conditions contained herein.
2. Term
This Agreement shall be for a term of three years commencing upon the Effective
Date, subject to termination as set forth herein ("Initial Term"). Upon expiration of the
Initial Term, this Agreement shall be automatically renewed for two successive one-year
periods ("Renewal Term") unless either party gives sixty (60) days prior written notice of
non -renewal.
3. Laws and Restrictions
BAYTOWN shall comply with all applicable laws, ordinances, restrictions,
and regulations as may be required. Violation of any federal, state, county, or city laws,
ordinances, and/or regulations now existing or hereafter made may be considered as cause
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Interlocal Houston. Baytown - Bucket Truck
for termination of this Agreement. Any monies spent pursuant to this agreement must be
from current revenues available to the paying party.
4. Condition of Unit
BAYTOWN accepts the Bucket Truck in "as is" condition. Houston makes no
representation or warranty as to the condition of the Bucket Truck to be accepted by
Baytown.
5. Repairs and Maintenance
BAYTOWN is responsible for all repairs and maintenance of the Bucket Truck for
the duration of this Agreement. The required repairs and maintenance include, but are not
limited to: replacement of parts and labor necessary to keep the Bucket Truck in an
operable and safe condition for its intended use.
6. Conditions and Duties
6.1 At a time and location to be determined by the Parties, HOUSTON shall
make the Bucket Truck available for receipt by BAYTOWN, assist in providing training
to Baytown employees for the appropriate use of the Bucket Truck and accept the Bucket
Truck back upon termination of the agreement.
6.2 BAYTOWN agrees that it will use the Bucket Truck in a safe manner and
only for its generally intended purposes.
6.3 BAYTOWN shall ensure that any personnel operating the Bucket Truck has
been trained in its operation and functions, that (with the exception of operation incidental
to repair) only law enforcement personnel shall operate the Bucket Truck, and that law
enforcement personnel operating the Bucket Truck receive initial training and refresher
training at least every two years.
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lnterlocal Houston.Baytown - Bucket Truck
6.4 BAYTOWN also agrees that it will not sell, convey, or in any way dispose
of the Bucket Truck in any manner.
6.5 HOUSTON agrees that BAYTOWN may apply paint that is commonly
accepted for law enforcement use and/or may apply any BAYTOWN logos to the Bucket
Truck. Prior to returning the Bucket Truck to the City, Baytown shall remove any logo or
paint and restore the Bucket Truck to its original condition subject to reasonable wear and
tear.
6.6 BAYTOWN agrees to make the Bucket Truck available to HOUSTON
within 14 business days of receiving a written request from the HPD Chief unless the
Bucket Truck is otherwise engaged in operations by BAYTOWN.
6.7 BAYTOWN agrees to return the Bucket Truck to HOUSTON at the
expiration or upon termination of this Agreement.
6.8 HOUSTON will not be liable for any physical injuries or any property
damages caused by BAYTOWN in its use of the Bucket Truck, including the property of
BAYTOWN, its officials, residents, agents or employees. Furthermore, HOUSTON will
not be liable for any claim or right to compensation accruing from such injuries or damages.
6.9 No other use of the Bucket Truck shall be permitted, other than the rights
herein specifically granted.
7. Insurance
7.1 Throughout the term of this Agreement, BAYTOWN shall maintain
statutory workers' compensation coverage on its employees, and shall carry additional
insurance against public liability for injury to persons (including death) and damage to
property resulting from or arising out of, or alleged to have arisen from or resulted from,
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Interlocal Houston. Baytown - Bucket Truck
BAYTOWN use of the Bucket Truck. Such insurance policy shall be in an amount not less
than the maximum amount of liability exposure to which BAYTOWN and HOUSTON are
exposed by virtue of Chapter 101 of the Texas Civil Practice and Remedies Code as it
currently exists or to which it may be amended.
7.2 BAYTOWN agrees to waive any right of recovery against HOUSTON for
loss or damage to persons or property with respect to the use of the Bucket Truck and to
fully cooperate in the defense of the HOUSTON in cases of legal action stemming from
the use of the Bucket Truck.
7.3 HOUSTON is under no obligation to furnish insurance coverage of any kind
covering the Bucket Truck. In addition, in the event of partial or complete inoperable use
of the Bucket Truck during the term of this Agreement, HOUSTON shall have no duty or
obligation to make any repairs or to otherwise restore the Bucket Truck to an operable unit.
8. Use of Proceeds of Insurance
Any insurance proceeds received by the parties from any insurance on the Bucket
Truck will, to the greatest extent practicable, be committed to repairing the Bucket Truck.
If the Bucket Truck is incapable of being repaired, such proceeds will be used in replacing
the vehicle. If replacement is not viable, the proceeds will be allocated as mutually agreed.
9. Termination
Either party reserves the right to cancel this agreement at any time. The party
desiring cancellation must provide the other party with sixty (60) calendar day written
notice.
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10. Communications
The parties agree to mail or fax all communications to the following addresses, unless
another address or fax number is provided in writing by either party.
Houston Police Department
Art Acevedo
Chief of Police
1200 Travis Street, 161h Floor
Houston Texas 77002
Fax (713) 308 —1671
Baytown Police Department
Mike Holden
Interim Chief of Police
3200 N. Main St.
Baytown, Texas 77521
Fax (281) 427 - 5037
11. Non -Appropriation of Funds. The Parties' duties to pay money under this
Agreement is limited in its entirety by the provisions of this Section. Each Party paying
for the performance of governmental functions or services must make these payments from
current revenues available to the paying party. Baytown recognizes that under Article II,
Sections 19 and 19a of the City's Charter, and Article XI, Section 5 of the Texas
Constitution, Houston may not obligate itself by contract to pay more money than the
amount the City Council appropriates, and further recognizes that the City Council has not
appropriated or allocated any funds as of the Countersignature Date for carrying out the
purposes under this Agreement; and notwithstanding any other provision of this
Agreement, that might otherwise be construed to the contrary, shall have no obligations to
expend any Houston funds except to the extent that the Houston City Council, at its sole
discretion, appropriates such funds.
12. Miscellaneous
12.1 This agreement constitutes the entire agreement between parties. No oral
representation made prior to or after this agreement's execution will have any force and
effect unless they are reduced to writing.
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12.2 This agreement may be modified or amended upon the parties' mutual
consent as evidenced in writing.
12.3 No waiver by HOUSTON of any fault performance by BAYTOWN in the
past will constitute a waiver of any subsequent default.
12.4 Any invalidity of any part of the agreement will not cause the remaining
parts to be invalid.
12.5 This agreement is governed by the laws of Texas. Venue shall lie
exclusively in Harris County, Texas.
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EXECUTED on the dates set forth below.
City of Houston
ATTEST/SEAL:
Signed by:
City Secretary
APPROVED:
Chief of Police,
Houston Police Department
APPROVED AS TO FORM:
Assistant City Attorney
L.D. File No.
City of Baytown
Brandon Capetillo, Mayor
Rick Davis, City Manager
Baytown Police Department
Mike Holden, Date
Interim Chief of Police
CITY OF HOUSTON, TEXAS
Mayor
COUNTERSIGNED BY:
City Controller
DATE COUNTERSIGNED:
Date
Date
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