Loading...
HomeMy WebLinkAboutR-2001-16 -.' \) . . RESOLUTION r){[)(()/-/y WHEREAS, The La Porte City Council finds it in the best interest of the citizens of La Porte that the Harris County Organized Crime and Narcotics Task Force be operated for the 13th year; and WHEREAS, La Porte City Council has considered the proposed application for State and Federal Assistance for said project, in the amount of $3,640,481 to be submitted to the Office of the Governor, Criminal Justice Division, and WHEREAS, La Porte will receive a maximum of $102,988 in Criminal Justice Division funds for its portion of manpower assigned to said project, and WHERE~S, La Porte City Council has agreed to provide matching funds for the said project in the amount of $34,329, as required by the grant application, and WHEREAS, La Porte City Council has agreed that in the event of loss or misuse of the $102,988 in Criminal Justice Division funds, La Porte City Council assures that the funds will be returned to the Criminal Justice Division in full. NOW THEREFORE, BE IT RESOLVED that La Porte City Council approves submission of the grant application for the Harris County Organized Crime and Narcotics Task Force to the Office of the Governor, Criminal Justice Division, Law Enforcement Programs in the amount of $3,640,481. !6~~ ~ orized Official Passed and Approved this JJ!:::. day of ;JO ~ ;Loo ! {)(.~ " e . Appropriation Requested By:, Source of Funds: (J1P"",f Department: Polill:~ Account Number: Report: Resolution: x Ordinance: Amount Budgeted: Amount Requested: Budgeted Item: YES NO Exhibits: Exhibits: Exhibits: SUMMARY & RECOMMENDATION The La Porte Police Department lu1s been a member ofihe multi- jurisdictional Harris County Organized Crime and Narcotic Task Force since it became a Texas Narcotic Control Program since 1990. This Task Force is funded yearly by grant funds issued by the Texas Narcotic Control Program. The Task Force is applying for a $3,640,481.00 grant for the next grant year, which is June 2002 to May 2003. The City of La Porte as a participant in this grant assigns a Sergeant and an Investigator to work at the Task Force. The grant provides for funding of 75 percent of the officers assigned officer's salaries ($102,988.00) and requires only a match from the city of La Porte for 25 percent remaining of those officers' salaries ($34,329.00). The Task Force has proven to be an affective tool in coordinating enforcement activities against narcotic trafficking. Additionally, they provide personnel and technical support to the La Porte Police Departments narcotic investigations. Action Reauired bv Council: Request authorization for the City Manager to sign the resolution and grunt agreement to continue participation in the HCOCNTF. ADD roved for City Council Aeenda ~T.~ Robert T. Herrera, City Manager ll"D~-O' Date ~ i e e INTERLOCAL AGREEMENT HARRIS COUNTY ORGANIZED CRIME AND NARCOTICS TASK FORCE GRANT THE STATE OF TEXAS S S COUNTY OF HARRIS S This Interlocal Agreement {"the Agreement"} is entered into between the City of Bay town, a municipal corporation situated in Harris County, Texas ("Bay town"}, and the City of La Porte ("La Porte"), a municipal corporation situated in Harris County, Texas pursuant to the Interlocal Cooperation Act, Tex. Gov't Code Ann. ~9.791.001 -791.014 (Vernon 1994). WITNESSETH WHEREAS, Bay town, 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 $3,640,481, entitled "Harris County Organized Crime and Narcotics Task Force Grant" (lithe Grant"); WHEREAS, the target geographic area of such Grant includes both incorporated and unincorporated areas of Harris and Ft. Bend Counties; WHEREAS, the Bay town Police Department, the La. Porte Police Department ("L.P.P.D.") and representati~es of nine (9) other law en~orcement agencies in the target geographic area have combined their resources to form the Harris County Organized Crime and Narcotics Task Force ("the Force"); WHEREAS, 8aytown and La Porte have agreed to contribute a total of $1,213',494 in matching funds for purposes of the grant; 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; WHEREAS, Bay town and La Porte believe it is in their best interest to enter into this Agreement to carry out the Grant program; and, WHEREAS, Bay town and La Porte agree to abide by all pertinent federal, state and local laws and regulations; , NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: " e e ARTICLE I. Purpose 1.01 The purpose of this Agreement is to provide for the responsibilities of Bay town and La Porte as members of the Force in regards to the investigation, prosecution and prevention of organized and narcotics related crime. ARTICLE II. 2.01 The Agreement shall be deemed to be effective on June 1, 2002, and shall terminate on the Grant expiration date (including renewals) or on the termination date of any extension thereof granted by the Criminal Justice Oivision, Office of the Governor, State of Texas, hereinafter referred to as the "CJO", whichever is later. It is the il')tent of Bay town and La Porte that this Agreement remains in effect for the entire term of the Grant, including renewals. Bay town and La Porte acknowledge that Bay town must apply each year for continuation of this Project and that the Grant can be discontinued at any time by CJO. Should the Grant be terminated or not renewed by CJO for any reason, Bay town and L~ Porte agree to terminate this Agreement on the date the Grant is terminated by CJO. 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 Bay town 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 La Porte within thirty (30) days after its occurrence. ARTICLE III. 3.01 As consideration for La Porte's performance under this Agreement, Bay town agrees to reim~urse La Porte for seventy-five percent (75%) of the personnel expenses for L.P.P.O. 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 Bay town's obligation to pay La Porte personnel expenses for services provided hereunder by the L.P.P.O. personnel exceed $137,317 annually, except as provided under Article 3.04 hereof. Release of any funds hereunder is subject to the approval of CJO. Bay town and La Porte acknowledge that the amounts provided in Exhibit "A" may change as Bay town's application for renewal of grant funding in future years is reviewed by CJO or if additional funding is made available to Bay town. 3.02 Payments for reimbursable personnel and other expenses shall be made monthly upon presentation of the L.P.P .O:s statement of expenses incurred and in accordance with Exhibit "A" 3.03 La Porte will be paid on the basis of monthly-itemized invoices submitted by La Porte and approved by Bay town showing the services performed and the attendant fee. Bay town shall 2 '. e e make payment to La Porte within thirty (30) days of the receipt by Bay town of such invoices. If any items in any invoices submitted La Porte are disputed by Bay town for any reason, including lack of supporting documentation, Bay town shall temp~rarily delete the disputed item and pay the remaining amount of the invoice. Bay town shall promptly notify La Porte of the dispute and request clarification and/or remedial action. After any dispute shall have been settled La Porte shall include the disputed amount on a subsequent regularly scheduled invoice or on a special invoice for the disputed item only. The decision of Bay town regarding all disputes involving La Porte shall be final. 3.04 Bay town and La Porte acknowledge that Bay town may receive additional Grant funds with which it may pay La Porte personnel expenses for services provided hereunder in subsequent years by L.P.P.D. personnel assigned to the Force over and above that amount provided in Article 3.01 hereof and on "Exhibit A" hereto. No warranties or representations are being made by Bay town as to whether such additional funds will be available, nor that Bay town 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 L.P.P.D. services may require a cash match by La Porte. Upon Bay town's notification to ,La Porte of the amount of the cash match required, La Porte shall either pay the match or terminate this Agreement. ARTICLE IV 4.01 The equipment, hardware and other non-expendable items used during performance under this Agreement may be owned by Bay town, La Porte, other members of the Force, or purch~sed 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. All parties partigipating 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 Bay town upon termination of this Agreement, unless otherwise approved by CJD and agreed in writing. 4.02 It is acknowledged and agreed that L.P.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 owner of such vehicles 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 La Porte 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. La Porte waives all rights to any such property and to any proceeds 3 e e derived therefrom and agrees to execute any document or record and to assist in any manner to establish such ownership in BPD. ARTICLE V; Scooe of Services 5.01 La Porte agrees to perform those services provided in Exhibit "B" attached hereto and incorporated herein for all intents and purposes. 5.02 La Porte warrants that: (a) Services performed by L.P.P.O. assigned to the Grant program and any property acquired by Grant funds or owned by Bay town and delivered to La Porte 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 La Porte's actual cost of same. (b) Bay town will be notified of the location of all Property placed in La Porte'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) L.P.P.D. personnel assigned to the Grant program 'are not receiving dual compensation from La Porte and Bay town for the same s~rvices performed under the terms of this Agreement. (d) La Porte 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. 5.03 La Porte 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 Bay town and La Porte agree that L.P.P.O. personnel assigned to work with the Force shall at all times be and remain employees of La Porte. 5.05 La Porte agrees that L.P.P.O. personnel assigned to the Grant program will be subject to the disciplinary rules, operating procedures and professional standards of L.P.P.O., 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 L.P.P .0. and the Force, the respective disciplinary rules, operating procedures and professional standards of L.P.P .0. will control. 4 '. e e ARTICLE VI. Information/Data 6.01 La Porte shall keep all materials to be prepared hereunder and all Bay town data it receives in strictest confidence, excluding those documents and records filed in the courts or otherwise classified as .public record". La Porte shall not divulge such information except as approved in writing by Bay town or as otherwise required by law. 6.02 La Porte, 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 Bay town 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 Bay town through a grant from the Criminal Justice Division, Office of the Governor, State of Texas. Any such publicity shall be in a form approved by CJD, Bay town and in accordance with State law. 6.03 Bay town shall have the right to perform, or cause to be perform, (1) audits of the books and records of La Porte pertaining to La Porte's performance under this Agreement, and (2) inspections of all places where work is undertaken in connection with this Agreement. La Porte 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 Bay town and CJD. . 6.04 La Porte 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 perf?rmance of this Agreement, concerning, derived from or as a result of the Grant, available to Bay town, through any authorized representative, within a reasonable time upon request. ARTICLE VII. Insurance and Release of Liability 7.01 Insurance (a) , Tort Claims - Bay town and La Porte as state political subdivisions, are governed by the Texas Tort Claims Act. Chapter 101.001 et sea., 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. Bay town and La Porte 5 '. e e 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 partv 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. 8.01 To the extent required by law, La Porte shall comply with all applicable laws, standards, orders and regulations regarding equal employment which are applicable to La Porte's performance of this Agreement, including Executive Order No. 11246, as amended, and 41 C.F.R., which are incorporated herein by reference. ARTICLE IX. Amendments 9.01 This Agreement may be amended by the mutual agreement of the parties hereto in writing to be attached to and incorporated into this Agreement. ARTICLE X. Leaal Constructions 10.01 In case anyone 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. ARTICLE XI. Entire Aareement 11.01 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. 6 . . e e CITY OF BAYTOWN, TEXAS APPROVED: ~~ City Manager ~mhw O1D.~f Date . (Jufa,r( Gary S Ith City Clerk ~{2emhu o1Jr Jet; I Date City of La Porte, TEXAS APPROVED: <:R~ t. ~~ Authorized Official Date lL.1~ .0\ '--1YI OJ1/rOv a, }(ALtt/ Attest J 1- [j -0 J Date 7 . " e, e EXHIBIT "An HARRIS COUNTY ORGANIZED CRIME AND NARCOTICS TASK FORCE Start Date: 06/01/2002 End Date: 05/31/2003 Title Wood, Michael Williamson, John Salary & Frinae Benefits $ $ TOTAL: S La Porte Match 73,327 63,990 137,317 $ 18,332 $ 15,998 S 34,329 8 .". e e EXHIBIT "B" SCOPE OF SERVICES Examole: La Porte Police Deoartment- One (1) Seraeant and One (1) Investiaator La Porte Police Department personnel 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. 9 .. e e Texas Narcotics Control Program EQUAL EMPLOYMENT PROGRAM CERTIFICA liON For Applicant A2encies that employ over 50 or more people I, Robert T. Herrera certify that: This agency employs SO or more (Namo of Authorized Official) people and has received or applied to the Criminal Justice Division. Office of the Governor for total funds in excess of $25,OOO~ therefore, the City of La Porte has formulated an equal employment program (Applicant Agency) in accordance with 28 CFR 42.301 et sea., Subpart E and that is on file in the office of: Lone Doughty (Name) 604 E. Fairmolit Parkway, La Porte, Tx (Address) Human Resource Manager (Title) for review or audit by an official of the Criminal Justice Division, Office of the Governor as required by relevant laws and regulations. PROJECf TITLE: HARRIS COUNTY ORGANIZED CRIME & NARCOTICS TASK FORCE QJ~~~ Mayor, City ofta Porte (Signature) ~~- eel Director Signature) \\'I~'O' Date J 2 -2P_OI Dale Page 39