Ordinance No. 12,949ORDINANCE NO. 12,949
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AN AGREEMENT FOR LAW ENFORCEMENT SERVICES WITH THE
GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FOR THE
TRUANCY PROGRAM; 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 Agreement for Law Enforcement Services with the Goose
Creek Consolidated Independent School District for the Truancy Program. A copy of said agreement is
attached hereto, marked Exhibit "A" and made a part hereof for all intents and purposes.
Section 2: This ordinance shall take effect immediately frotrl,aa ld after its passage by the City
Council of the City of Baytown. �/
INTRODUCED, READ, and PASSED by the affirmative
Baytown this the 27`h day of August, 2015.
TICIA .. w
APPROVED AS TO FORM:
j4A�!iO RAMIREZ, SR., City orney
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of the City Council of the City of
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Exhibit "A"
AGREEMENT FOR LAW
ENFORCEMENT OFFICERS
(Truancy Officer)
STATE OF TEXAS §
COUNTY OF HARRIS §
COUNTY OF CHAMBERS §
WHEREAS, this Agreement for Law Enforcement Services, hereunder called
"Agreement," is made and entered into by and between the Goose Creek Consolidated
Independent School District, an independent school district and political subdivision of the State
of Texas, hereinafter called "DISTRICT" and the City of Baytown, a municipal corporation
located in Harris and Chambers County, Texas, hereinafter called "CITY."
WITNESSETH:
WHEREAS, the DISTRICT desires to have the Chief of Police of the City of Baytown,
hereinafter called "CHIEF," authorize and direct one (1) of his patrol officers, hereinafter called
"PATROL OFFICER," to devote this officer's working time to act in the capacity of a truancy
officer for the DISTRICT; and
WHEREAS, the DISTRICT is willing to pay the CITY an amount equal of one -half (112)
the direct cost to the CITY for supplying law enforcement services provided by such patrol
officer, including salary, benefits and any related expenses the CITY may incur in providing
these services, so as to enable the PATROL OFFICER assigned by the CITY to provide those
services;
NOW, THEREFORE, in consideration of the mutual covenants, agreement and benefits
to both parties, it is agreed as follows:
I.
The CITY agrees to authorize the CHIEF to assign a PATROL OFFICER to provide
truancy and law enforcement services in the areas under the control of the DISTRICT. As used
herein, the phrase "working time" means the usual or normal hours that the PATROL OFFICER
is required to work in any calendar month and does not include any extra or overtime work. The
time the PATROL OFFICER is on duty within the area, the time the PATROL OFFICER spends
in preparing reports and documents pertaining to the events occurring in the area, the time the
PATROL OFFICER spends in making preparations to provide law enforcement in the area, the
time the PATROL OFFICER spends transporting person arrested in the area to jail, the time the
PATROL OFFICER spends investigating crimes or possible crimes committed in the area, and
the time spent in any and all activities related to performing truancy and law enforcement
services for the DISTRICT shall be deemed working time. The items list above are explanatory
and the meaning of "working time" is not limited to said list.
Agreement for Services of Truancy Patrol Officer Page 1
II.
The DISTRICT agrees to pay to the CITY each school year of this contract a sum not to
exceed FIFTY -THREE THOUSAND THREE HUNDRED SEVENTY -FOUR AND NO/100
DOLLARS ($53,374.00) for assignment of a PATROL OFFICER to the truancy program. This
sum is based on one -half (1/2) of the salary and benefits of one officer for a one -year
period. The CITY agrees to provide to the DISTRICT a monthly invoice setting forth the cost
for providing the law enforcement services to the DISTRICT. The DISTRICT agrees to
reimburse the CITY from the DISTRICT's current, available revenues the cost as set forth in
the invoices within thirty (30) days of the date of each such invoice. If the DISTRICT for any
reason disputes any items in any invoices submitted by the CITY, the DISTRICT shall
promptly notify the CITY of the dispute and request clarification and/or remedial action. After
the CITY's review and consideration of the information submitted by the DISTRICT, the
decision of the CITY regarding all disputes involving the cost for providing PATROL
OFFICER shall be final. Payment shall be made to the City of Baytown, Attention Director of
Finance, P.O. Box 424, Baytown, Texas 77522 -0424. Invoices sent by the CITY shall be
addressed to the DISTRICT at 4544 I -10, Baytown, Texas 77521. Either party hereto may
change its address for the purpose of this Agreement by giving written notice of such change in
the manner provided for in this Agreement.
III.
The term of this Agreement shall be for a period of one (1) school year commencing on
the first day of the 2015 -2016 school year, and ending on the last school day of the 2015 -2016
school year, and will be subject to renewal for additional one -year terms annually at the
conclusion of the then current school year, upon mutual agreement of the CITY and the
DISTRICT. It is expressly understood and agreed that this Agreement may be terminated
without cause at any time by either party by giving to the other party at least thirty (30) days'
advanced written notice of its intention to do so, specifying therein the effective date of such
termination. It is expressly understood and agreed that this Agreement may be terminated by the
CITY if the DISTRICT has defaulted in timely paying any obligation herein and fails to cure
such default within five (5) days of receiving written notice thereof. If the DISTRICT fails to
cure the default within the five -day period, the CITY shall be relieved of its obligations under
this Agreement and the Agreement shall be deemed terminated effective after the expiration of
the five -day cure period. Any notice permitted or required to be given in this paragraph to the
DISTRICT shall be given by registered or certified United States Mail, postage paid, return
receipt requested and addressed to the DISTRICT at 4544 I -10, Baytown, Texas 77521. Any
notice permitted or required to be given in this paragraph to the CITY shall be given by
registered or certified United States mail postage prepaid, return receipt requested, addressed to
CITY, Attention: City Manager, P.O. Box 424, Baytown, Texas 77522 -0424. All notices
hereunder given shall be deemed validly given when actually received or, if earlier, on the third
day following deposit in a United States Postal Service post office or receptacle if the notice
otherwise complies with all of the requisites of this article.
Agreement for Services of Truancy Patrol Officer Page 2
TV.
The DISTRICT may, without penalty, terminate this Agreement at the end of any budget period
occurring during the term of the Agreement if funds for the Agreement during the succeeding budget
period have not been appropriated; provided the DISTRICT has given the CITY at least thirty (30) days'
advanced written notice prior to the effective date of the non - appropriation. If the DISTRICT has
complied with the notice requirement herein, the CITY shall not be entitled to receive payments or
amounts under the Agreement in excess of the amounts appropriated by the DISTRICT.
V.
It is expressly understood and agreed that the PATROL OFFICER assigned to work at
the DISTRICT shall be subject to the control and supervision of the CHIEF to the same extent as
all other PATROL OFFICERS, and shall have no duty or obligation to the DISTRICT or to
persons other than those duties or obligations which the PATROL OFFICER would have to the
public generally. It is specifically agreed that the PATROL OFFICER shall not be requested to
or required to enforce any local policies of the DISTRICT that are not violations of a state law or
city ordinance. The CHIEF shall set the working times (hours and days) for the PATROL
OFFICER after consulting the designated agent of the DISTRICT.
VI.
It is expressly agreed and understood between the DISTRICT and the CITY, that if in the
opinion of the CHIEF, it is necessary to use the PATROL OFFICER assigned to carry out this
Agreement for other duties due to an emergency, shortage of officers or other reasons as
determined solely by the CHIEF, that the CHIEF may temporarily suspend the assignment of the
PATROL OFFICER assigned according to this Agreement. It is, however, understood by both
the CITY and the DISTRICT that the DISTRICT will not be billed for any costs associated with
the assigned PATROL OFFICER during the time that the officer is temporarily assigned to other
duties at the direction of the CHIEF.
VII.
Both parties mutually agree that the CITY is an independent contractor, and shall have
exclusive control of performance hereunder and that the PATROL OFFICER and all other
employees of the CITY are in no way to be considered employees of the DISTRICT.
VIII.
Nothing in this Agreement shall be construed so as to limit or waive the sovereign
immunity of the CITY or the DISTRICT.
a
Time is expressly declared to be of the essence in regard to this Agreement.
Agreement for Services of Truancy Patrol Officer Page 3
This Agreement shall be construed under and in accordance with the laws of the State of
Texas, and all obligations of the parties created hereunder are performable in Harris County and
Chambers County, Texas.
XI.
In case any one or more of the provisions contained in this Agreement shall for any
reason 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.
XII.
Failure of either party hereto to insist on the strict performance of any of the agreements
herein or to exercise any rights or remedies accruing thereunder upon default or failure of
performance shall not be considered a waiver of the right to insist on and to enforce, by an
appropriate remedy, strict compliance with any other obligation hereunder or to exercise any
right or remedy occurring as a result of any future default or failure of performance.
XIII.
In the event of any ambiguity in any of the terms of this contract, it shall not be construed
for or against any party hereto on the basis that such party did or did not author the same.
XIV.
This Agreement constitutes the sole and only agreement of the parties hereto and
supersedes any prior understandings of written or oral agreements between the parties with
respect to the subject matter herein.
XV.
No amendment modifications or alteration of the terms hereof shall be binding unless the
same be in writing, dated subsequent to the date hereof and duly executed by the parties hereto.
XVI.
Neither party to the Agreement may assign their rights duties or interests without first
obtaining the written consent of the other party. Consent to one assignment shall not be deemed
to be consent to any subsequent assignment. An assignment without the written agreement of
both parties or an assignment by operation of law shall be void and shall, at the option of either
party, terminate this Agreement.
Agreement for Services of Truancy Patrol Officer Page 4
XVII.
Each party has the full power and authority to enter into and perform this Agreement, and
the person signing this Agreement on behalf of each party has been properly authorized and
empowered to enter into this Agreement. The persons executing this Agreement hereby
represents that they have authorization to sign on behalf of their respective corporations and/or
business entities.
XVIII.
The parties acknowledge that they have read, understand and intend to be bound by the
terms and conditions of this Agreement.
XIX.
It is understood and agreed that this Agreement may be executed in a number of identical
counterparts each of which shall be deemed an original for all purposes.
IT IS WITNESS WHEREOF, the undersigned DISTRICT and the CITY hereto execute
this Agreement on this day of , 2015.
GOOSE CREEK CONSOLIDATED
INDEPENDENT SCHOOL DISTRICT
Jenice Coffey, President of the
Board of Trustees
ATTEST:
Pete Pape, Secretary of the
Board of Trustees
CITY OF BAYTOWN, TEXAS
Stephen H. DonCarlos, Mayor
Leticia Brysch, City Clerk
Agreement for Services of Truancy Patrol Officer Page 5