Ordinance No. 15,115 ORDINANCE NO. 15,115
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AMENDMENT NO. 15 TO THE INTERLOCAL AGREEMENT
WITH HARRIS COUNTY FOR CIRCULATOR BUS SERVICE IN THE CITY OF
BAYTOWN; AUTHORIZING PAYMENT TO HARRIS COUNTY IN AN AMOUNT
NOT TO EXCEED TWO HUNDRED EIGHTY THOUSAND AND NO!100 DOLLARS
($280,000.00); MAKING OTHER PROVISIONS RELATED THERETO; 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 Amendment No. 15 to the Interlocal Agreement with Harris County for Circulator
Bus Service in the City of Baytown. A copy of said amendment is attached hereto as Exhibit "A," and
incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to Harris
County in an amount not to exceed TWO HUNDRED EIGHTY THOUSAND AND NO;`100 DOLLARS
($280,000.00) for circulator bus service in accordance with the amendment authorized in Section 1
hereinabove.
Section 3: That the City Manager is hereby granted general authority to approve a decrease
or an increase in costs by FIFTY THOUSAND AND NOI100 DOLLARS ($50,000.00) or less, provided
that the amount authorized in Section 2 hereof may not be increased by more than twenty-five percent
(25°o).
Section 4: 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 91h day of June, 2022.
_(01
BRANDON CA ETILLO, Mayor
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ANGELA J KSON, City rj�°d°
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APPROVED AS TO FORM: �� ,'� OI:
TREVOR FANNING, Interim City Attorney
R Karen Anderson ORDINANCES 2022'aO22.06.09\Amendmentl5lnterlocal4BusCirculatorProgram.docx
EXHIBIT "A"
AMENDMENT NO. 15 TO INTERLOCAL AGREEMENT
FOR CIRCULATOR BUS SERVICE
IN CITY OF BAYTOWN
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This Fifteenth Amendment is made and entered into pursuant to Chapter 791 of the Texas
Government Code by and between Harris County (the "County"), a body corporate and politic
under the laws of the State of Texas,and the City of Baytown("Baytown"),a home-rule city under
the laws of the State of Texas. The County and Baytown are referred to herein collectively as the
"Parties" and individually as a"Party."
Recitals
On or about July 8, 2008, the County and Baytown entered into an agreement regarding the
provision of fixed route bus services in Baytown for a term of one year(the"Master Agreement").
On or about June 23, 2009, the Parties entered into Amendment No. 1 to the Master Agreement to
provide for continuation of the fixed route bus service for an additional year.
On or about September 29, 2009, the Parties entered into Amendment No. 2 to the Master
Agreement to provide for a third fixed route under the Agreement and to provide funding for such
third route.
On or about June 22, 2010, the Parties entered into Amendment No. 3 to the Master Agreement to
extend the term of the Master Agreement through July 8, 2011, provide for funding during such
extension, and to provide for trash removal for shelters by Baytown beginning in the third year of
the Agreement.
On or about June 21, 2011, the Parties entered into Amendment No. 4 to the Master Agreement to
extend the term of the Master Agreement through July 8, 2012 and to provide for funding during
such extension.
On or about September 25, 2012, the Parties entered into Amendment No. 5 to the Master
Agreement to extend the term of the Master Agreement through July 8, 2013 and to provide for
funding during such extension.
On or about July 9, 2013 the Parties entered into Amendment No. 6 to the Master Agreement to
extend the term of the Master Agreement through July 8, 2014 and to provide for funding during
such extension.
Page 1 of 8
On or about July 22, 2014, the Parties entered into Amendment No. 7 to the Master Agreement to
extend the term of the Master Agreement through July 8, 2015 and to provide for funding during
such extension.
On or about June 23, 2015, the Parties entered into Amendment No. 8 to the Master Agreement to
extend the term of the Master Agreement through July 8, 2016 and to provide for funding during
such extension.
On or about June 28, 2016, the Parties entered into Amendment No. 9 to the Master Agreement to
extend the term of the Master Agreement through July 8, 2017 and to provide for funding during
such extension.
On or about June 27, 2017, the Parties entered into Amendment No. 10 to the Master Agreement
to extend the term of the Master Agreement through July 8,2018 and to provide for funding during
such extension.
On or about June 26, 2018, the Parties entered into Amendment No. 11 to the Master Agreement
to extend the term of the Master Agreement through July 8,2019 and to provide for funding during
such extension.
On or about June 26, 2019, the Parties entered into Amendment No. 12 to the Master Agreement
to extend the tenn of the Master Agreement through July 8,2020 and to provide for funding during
such extension.
On or about June 30, 2020, the Parties entered into Amendment No. 13 to the Master Agreement
to extend the tenn of the Master Agreement through July 8, 2021 and to provide for funding during
such extension.
On or about June 29, 2021, the Parties entered into Amendment No. 14 to the Master Agreement
to extend the tern of the Master Agreement through July 8,2022 and to provide for funding during
such extension.
The parties now desire to amend the Master Agreement for the fifteenth time ("Fifteenth
Amendment")to extend the term of the Master Agreement through July 8, 2023 and to provide for
funding during such extension.
For and in consideration of the mutual covenants, agreements and benefits to the Parties herein
named, it is agreed as follows:
Terms
I.
Section 2.4 of the Master Agreement, reading:
Page 2 of 8
2.4 The City of Baytown will provide all required Local Operating Funds for
the cost of the service during the term of this Agreement, up to a maximum of
$2,155,791.06 Baytown shall send $75,000.00 to the County for use in paying its
obligations to provide Local Operating Funds within 15 days of the effective date
of this agreement. Baytown shall send an additional $75,000.00 to the County for
use in paying its obligations to provide Local Operating Funds on or before July
15, 2009. Baytown shall send an additional $23,000.00 to the County for use in
paying its obligations to provide Local Operating Funds on or before October 15,
2009. Baytown shall send an additional$95,371.06 to the County for use in paying
its obligations to provide Local Operating Funds on or before July 15, 2010.
Baytown shall send an additional $123,140 to the County for use in paying its
obligations to provide Local Operating Funds on or before July 15,2011. Baytown
shall send an additional $210,436.00 to the County for use in paying its obligations
to provide Local Operating Funds on or before July 15, 2012. Baytown shall send
an additional $210,436.00 to the County for use in paying its obligations to provide
Local Operating Funds on or before July 15, 2013. Baytown shall send an
additional $226,555.00 to the County for use in paying its obligations to provide
Local Operating Funds on or before July 15, 2014. Baytown shall send an
additional $208,951.00 to the County for use in paying its obligations to provide
Local Operating Funds on or before July 15, 2015. Baytown shall send an
additional $208,951.00 to the County for use in paying its obligations to provide
Local Operating Funds on or before July 15, 2016. Baytown shall send an
additional $208,951.00 to the County for use in paying its obligations to provide
Local Operating Funds on or before July 15, 2017. Baytown shall send an
additional $240,000.00 to the County for use in paying its obligations to provide
Local Operating Funds on or before July 15, 2018. Baytown shall send an
additional $250,000.00 to the County for use in paying its obligations to provide
Local Operating Funds on or before July 15, 2019. Baytown shall send an
additional $250,000.00 to the County for use in paying its obligations to provide
Local Operating Funds on or before July 15,2020. Baytown shall send an additional
$250,000.00 to the County for use in paying its obligations to provide Local
Operating Funds on or before July 15, 2021. The funds will be maintained in a
special reserve account.
Beginning on July 15,2010,Baytown shall provide trash pick-up at the bus shelters
serving the routes under this Agreement. Baytown shall be responsible for
emptying trash cans and cleaning the area around each shelter at least once per week
through use of one or more employees. During each one year period, beginning
July 15, 2010, Harris County will reimburse Baytown, in accordance with this
paragraph, up to $15,666.00, to the extent such funds are available for use from
Grant funds and from funds received from Baytown and or others as contributions
towards Local Operation Funds. Within thirty (30) days of receipt of a detailed
statement and supporting documentation as required herein, the County shall
reimburse Baytown the Reimbursable Cost, as defined below, for such services,
subject to the above limitation. At the close of each month in which services are
provided, but not later than the fifth (5`h) working day following such month,
Page 3 of 8
Baytown shall provide Harris County with a detailed statement in a form reasonably
acceptable to the Harris County Auditor of the Reimbursable Cost incurred in
providing such services during the previous month, including supporting
documentation, which documentation may include,but not limited to invoices, and
detailed payroll records. The detailed statement shall be certified in writing to be
true and correct. "Reimbursable Cost," as used in this paragraph, means salaries
and wages paid for time actually worked and employer contributions for F.I.C.A.
and Workers Compensation, and shall not include sick leave, vacations, holidays,
retirement, or other insurance or employee benefits, similar or dissimilar.
is amended to read:
2.4 Baytown will provide all required Local Operating Funds for the cost of the
service during the term of this Agreement, up to a maximum of$2,405,791.06.
Baytown shall send $75,000.00 to the County for use in paying its obligations to
provide Local Operating Funds within 15 days of the effective date of this
agreement. Baytown shall send an additional $75,000.00 to the County for use in
paying its obligations to provide Local Operating Funds on or before July 15,2009.
Baytown shall send an additional $23,000.00 to the County for use in paying its
obligations to provide Local Operating Funds on or before October 15, 2009.
Baytown shall send an additional $95,371.06 to the County for use in paying its
obligations to provide Local Operating Funds on or before July 15,2010. Baytown
shall send an additional $123,140 to the County for use in paying its obligations to
provide Local Operating Funds on or before July 15, 2011. Baytown shall send an
additional $210,436.00 to the County for use in paying its obligations to provide
Local Operating Funds on or before July 15,2012. Baytown shall send an additional
$210,436.00 to the County for use in paying its obligations to provide Local
Operating Funds on or before July 15, 2013. Baytown shall send an additional
$226,555.00 to the County for use in paying its obligations to provide Local
Operating Funds on or before July 15, 2014. Baytown shall send an additional
$208,951.00 to the County for use in paying its obligations to provide Local
Operating Funds on or before July 15, 2015. Baytown shall send an additional
$208,951.00 to the County for use in paying its obligations to provide Local
Operating Funds on or before July 15, 2016. Baytown shall send an additional
$208,951.00 to the County for use in paying its obligations to provide Local
Operating Funds on or before July 15, 2017. Baytown shall send an additional
$240,000.00 to the County for use in paying its obligations to provide Local
Operating Funds on or before July 15, 2018. Baytown shall send an additional
$250,000.00 to the County for use in paying its obligations to provide Local
Operating Funds on or before July 15, 2019. Baytown shall send an additional
$250,000.00 to the County for use in paying its obligations to provide Local
Operating Funds on or before July 15, 2020. Baytown shall send an additional
$250,000.00 to the County for use in paying its obligations to provide Local
Operating Funds on or before July 15, 2021. Baytown shall send an additional
$280,000.00 to the County for use in paying its obligations to provide Local
Page 4 of 8
Operating Funds on or before July 15, 2022. The funds will be maintained in a
special reserve account.
Beginning on July 15,2010,Baytown shall provide trash pick-up at the bus shelters
serving the routes under this Agreement. Baytown shall be responsible for
emptying trash cans and cleaning the area around each shelter at least once per week
through use of one or more employees. During each one year period, beginning
July 15, 2010, Harris County will reimburse Baytown, in accordance with this
paragraph, up to $15,666.00, to the extent such funds are available for use from
Grant funds and from funds received from Baytown and or others as contributions
towards Local Operation Funds. Within thirty (30) days of receipt of a detailed
statement and supporting documentation as required herein, the County shall
reimburse Baytown the Reimbursable Cost, as defined below, for such services,
subject to the above limitation. At the close of each month in which services are
provided, but not later than the fifth (51") working day following such month,
Baytown shall provide Harris County with a detailed statement in a form reasonably
acceptable to the Harris County Auditor of the Reimbursable Cost incurred in
providing such services during the previous month, including supporting
documentation, which documentation may include,but not limited to invoices, and
detailed payroll records. The detailed statement shall be certified in writing to be
true and correct. "Reimbursable Cost," as used in this paragraph, means salaries
and wages paid for time actually worked and employer contributions for F.I.C.A.
and Workers Compensation, and shall not include sick leave, vacations, holidays,
retirement, or other insurance or employee benefits, similar or dissimilar.
II.
Article 6 of the Master Agreement, reading:
Unless terminated sooner as set forth above,the term of this Agreement shall begin
on July 8, 2008 and terminate at the end of the day on July 8, 2022. Any funds
provided by the City remaining at the expiration of this Agreement shall be
refunded to the City within thirty (30) days of such expiration.
is amended to read:
Unless terminated sooner as set forth above,the term of this Agreement shall begin
on July 8, 2008 and terminate at the end of the day on July 8, 2023. Any funds
provided by Baytown remaining at the expiration of this Agreement shall be
refunded to Baytown within thirty(30) days of such expiration.
III.
All other terms and provisions of the Master Agreement shall remain in full force and effect as
originally written.
Page 5 of 8
IV.
It is expressly understood and agreed that the Master Agreement is incorporated herein by reference.
In the event of any conflict between the terms and provisions of this Amendment, or any portion
thereof, and the terms and provisions of any other part or portion of the Master Agreement, or the
terms and provisions of any part of portion of the previous amendments, this Fifteenth Amendment
shall control.
V.
Execution, Multiple Counterparts:This Amendment may be executed in several counterparts.Each
counterpart is deemed an original. All counterparts together constitute one and the same
instrument. Each Party warrants that the undersigned is a duly authorized representative with the
power to execute the Amendment.
Page 6 of 8
IN TESTIMONY OF WHICH, this Amendment, in duplicate originals, each having equal force,
has been executed on behalf of the parties hereto as follows:
a. It has on , been executed on behalf of the County by County
Judge, Lina Hidalgo pursuant to order of the County Commissioners Court authorizing such
execution.
b. It has on been executed on behalf of the City of Baytown by
, and attested by its Secretary, pursuant to
authorizing such execution.
HARRIS COUNTY
By:
LINA HIDALGO
COUNTY JUDGE
APPROVED AS TO FORM:
CHRISTIAN D. MENEFEE,
Harris County Attorney
By:
Assistant County Attorney
Cherelle Sims
CA File No. 22GEN 1819
ATTEST CITY OF BAYTOWN
By .
Name: Name:
City Clerk Title:
Page 7 of 8
ORDER OF COMMISSIONERS COURT
Authorizing Amendment to Agreement
The Commissioners Court of f-Iarris County, Texas, met in regular session at its regular
term at the Harris County Administration Building in the City of Houston, Texas, on
with all members present except
A quorum was present. Among other business, the following was transacted:
ORDER AUTHORIZING EXECUTION OF AMENDMENT NO. 15 TO
INTERLOCAL AGREEMENT FOR CIRCULATOR BUS SERVICE
IN CITY OF BAYTOWN
Commissioner introduced an order and moved that
Commissioners Court adopt the order. Commissioner seconded the
motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed
by the following vote:
Yes No Abstain
Judge Lina Hidalgo ❑ ❑ ❑
Comm. Rodney Ellis ❑ ❑ ❑
Comm. Adrian Garcia 0 ❑ ❑
Comm. Tom S. Ramsey, P.E. ❑ ❑ ❑
Comm. R. Jack Cagle ❑ ❑ ❑
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 adopted follows:
IT IS ORDERED that County Judge is hereby authorized to execute for and on behalf of
Harris County, Amendment No. 15 to the Master Agreement with the City of Baytown for the
purpose of extending the term of the Master Agreement through July 8, 2023 and to provide for
funding during such extension. The Amendment is incorporated herein by reference as though
fully set forth word for word.
All Harris County officials and employees are authorized to do any and all things necessary
or convenient to accomplish the purposes of this order.
Page 8 of 8