HomeMy WebLinkAboutR-2000-18
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RESOLUTION - :Aooo~/g
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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 12th year; and
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WHEREAS, La Porte City Council has considered the proposed application for
State . and Federal Assistance for said project, in the amount of $3,577,000 to be
submitted to the Office of. the Governor, Criminal Justice Division, T.N.C.P.
Program, and '
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WHEREAS, La Porte will receive a maximum of $97,980 in Criminal Justice
Division funds for its portion of manpower assigned to said project, and
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WHEREAS, La Porte City Council has agreed to provide matching funds for the '
said project in ~e amount of $32,660, as required by the grant application, and
WHEREAS, La Porte City Council has a~ed that in the event of loss or misuse
of the $97,980 in Criminal Justice oDivision 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,
T.N.C.P. Program in the amount of $3,577,000.
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Authorized ()ft'(cial'
Passed and Approved this J JfI- day of fJ/l!,F/I)AER,
2000
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1!JttU:/11V jtJ itt(
City Clerk
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INTER LOCAL AGREEMENT
HARRIS COUNTY ORGANIZED
CRIME AND NARCOTICS TASK FORCE GRANT
THE STATE OF TEXAS I
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COUNTY OF HARRIS I
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 La Porte ("La Porte"), a
municipal corporation situated In Harris County, Texas pursuant to the Interlocal Cooperation Act,
Tex. Gov't Code Ann. ~~ 791.001 -791.014 (Vernon 1994).
WITNESSETH
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 $3,577,000, entitled
"Harris County Organized Crime and Narcotics Task Force Granr ("the Grant");
WHEREAS, the target geographic area of such Grant includes both incorporated and unincorporated
areas of Harris and Ft. Bend Counties;
WHEREAS, the Baytown Police Department, the La Porte Pollee Department ("l.P.P.D.") and
representatives of nine (9) 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");
WHEREAS, Baytown and La Porte have agreed to contribute a total of $1,323,000 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, Baytown and La Porte believe it is in their best interest to enter into this Agreement to
carry out the Grant program; and,
WHEREAS, Baytown and La Porte agree to abide by all pertinent federal, state and local laws and
regulations;
NOW, THEREFORE, IT IS HEREBY AGREED AS FOllOWS:
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ARTICLE I.
Puroose
1.01 The purpose of this Agreement is to provide for the responsibilities of Baytown 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, 2001, 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.
It is the intent of Baytown and La Porte that this Agreement remains in effect for the entire term
of the Grant, including renewals. Baytown and La Porte 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 La
Porte 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 La Porte within thirty (30) days after its
occurrence.
ARTICLE III.
3.01 As consideration for La Porte's performance under this Agreement, Baytown agrees to reimburse
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 Baytown's obligation to pay
La Porte personnel expenses for services provided hereunder by the L.P.P.O. personnel exceed
$130,640 annually, except as provided under Article 3.04 hereof. Release of any funds
hereunder is subject to the approval of CJD. Baytown and La Porte acknowledge that the
amounts provided in Exhibit "A" may change as Baytown's application for renewal of grant
funding in future years is reviewed by CJD or if additional funding is made available to Baytown.
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 Baytown showing the services performed and the attendant fee. Baytown shall
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make payment to La Porte within thirty (30) days of the receipt by Baytown of such invoices. If
any items in any invoices submitted La Porte 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 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 Baytown regarding all disputes involving La
Porte shall be final.
3.04 Baytown and La Porte acknowledge that Baytown 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.O. 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 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 L.P.P.O. services may require a cash match by La Porte. Upon Baytown'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 Baytown, La Porte, 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. 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
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 L.P.P.O. 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
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derived therefrom and agrees to execute any document or record and to assist in any manner to
establish such ownership in BPD.
ARTICLE V.
ScoDe 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.D. assigned to the Grant program and any property
acquired by Grant funds or owned by Baytown 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) Baytown 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 Baytown for the same services 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-S7 as they relate to the Agreement
and use of Federal Funds.
5.04 Baytown and La Porte agree that L.P.P.D. 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.D. personnel assigned to the Grant program will be subject to the
disciplinary rules, operating procedures and professional standards of L.P.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 L.P.P.D. and the Force, the respective disciplinary rules, operating procedures and
professional standards of L.P.P .D. will control.
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ARTICLE VI.
Information/Data
6.01 La Porte 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". La Porte shall not divulge such information except as approved in
writing by Baytown 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 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 Texas Narcotics Control 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 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
Baytown 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
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.
ARTICLE VII.
Insurance and Release of Liabilitv
7.01 Insurance
(a) Tort Claims - Baytown 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. Baytown and La Porte
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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 andlor
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.
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CITY OF BAYTOWN, TEXAS
APPROVED:
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City Manager
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Gary Smith '
City Clerk
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City of La Porte, TEXAS
APPROVED:
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Authorized Official
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