Ordinance No. 13,215ORDINANCE NO. 13,215
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AMENDMENT NO. 9 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 EIGHT THOUSAND NINE HUNDRED FIFTY -
ONE AND NO /100 DOLLARS ($208,951.00); 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. 9 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 EIGHT THOUSAND NINE HUNDRED FIFTY -
ONE AND NO /100 DOLLARS ($208,951.00) 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 NO/ 100 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
(250/0').
Section 4: This ordinance shall take effect immediately from an after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vot o the City Council of the City of
Baytown this the 9"' day of June, 2016.
DONCARLOS, Mayor
M
Y ` 0
APPROVED AS TO FORM:
GNACIO IREZ, SR., Ci9kttorney
R:1KarenlFiles,City Council',0rdinances\201611une 9\Amendment9lnterlocal4BusCirculatorProgmm .doc
Exhibit "A"
AMENDMENT NO.9 TO INTERLOCAL AGREEMENT
FOR CIRCULATOR BUS SERVICE
IN CITY OF BAYTOWN
THE STATE OF TEXAS
This Amendment is made and entered into pursuant to Chapter 791 of the Texas
Government Code by and between Harris County, Texas, a body corporate and politic under the
laws of the State of Texas, herein after called the "County" and the City of Baytown, a home -
rule city under the laws of the State of Texas, hereinafter called "Baytown." Each a "Party" to
this Amendment and collectively referred to as the "Parties."
WITNESSETH
On or about July 8, 2008, Baytown and the County entered into an agreement
regarding the provision of fixed route bus services in the City of Baytown for a term of one year;
and
On or about June 23, 2009, the Parties entered into Amendment No. 1 to the Agreement
to provide for continuation of the service for an additional year;
On or about September 29, 2009, the Parties entered into Amendment No. 2 to the
Agreement to provide for a third fixed route under the Agreement and to provide for funding
such third route;
On or about June 22, 2010, the Parties entered into Amendment No. 3 to the Agreement
to extend the term of the Agreement through July 8, 2011, provide for funding during such
extension, and to provide for trash removal for shelters by the City beginning in the third year of
the Agreement;
On or about June 21, 2011, the Parties entered into Amendment No. 4 to the Agreement
to extend the term of the Agreement through July 8, 2012 and to provide for funding during such
extension;
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On or about September 25, 2012, the Parties entered into Amendment No. 5 to the
Agreement to extend the term of the Agreement through July 8, 2013 and to provide for funding
during such extension; and
On or about July 9, 2013 the Parties entered into Amendment No. 6 to the Agreement to
extend the term of the Agreement -through July 8, 2014 and to provide for funding during such
extension;
On or about July 22, 2014, the Parties entered into Amendment No. 7 to the Agreement
to extend the term of the 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 Agreement
to extend the term of the Agreement through July 8, 2016 and to provide for funding during such
extension.
The parties now desire to enter into this amendment to extend the term of the Agreement
through July 8, 2017 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:
I.
Section 2.4 of the Agreement, reading:
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
$1,038,938.06. 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,
2
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. 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`) working day
following such month, Baytown shall provide Hams 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
3
include sick leave, vacations, holidays, retirement, or other insurance or employee
benefits, similar or dissimilar.
is amended to read:
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
$1,456,840.06. 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. 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
4
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`) 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 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, 2015. 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.
5
is amended to read:
Unless terminated sooner as set forth above, the term of this Agreement shall
begin on July 3, 2008 and terminate at the end of the day on July 8, 2017. Any
funds provided by the City remaining at the expiration of this Asrcemcnt shall be
refunded to the City within thirty (30) days of such expiration.
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 David
Turkel, Director of the County Community Services Department, pursuant to order of tile 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
David B. Turkel
Director of Harris County Community
Services Department
APPROVED AS TO FORM:
VINCE RYAN,
Harris County Attorney
B�-
Y
Assistant County Attorney
Amy Samples
C.A. File No. 16GEN0759
ATTEST
Name:
CITY OF BAYTOWN
LM
Name:
City Clerk Tide:
ORDER OF COMMISSIONERS COURT
Authorizing Amendment No. 9 to Agreement
With the City of Baytown for Fixed Route Bus Service
The Commissioners Court of Harris 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 AMENDMENT NO.9 TO AGREEMENT WITH
THE CITY OF BAYTOWN FOR A FIXED ROUTE BUS SERVICE WITHIN
THE CITY OF BAYTOWN
Commissioner
Commissioners Court adopt the order. Commissioner
motion for adoption of the order. The
prevailed by the following vote:
introduced an order an
motion, carrying with it the adoption
Judge Ed Emmett
Comm. Gene L. Lock
Comm. Jack Morman
Comm. Steve Radack
Comm. R. Jack Cagle
Yes No Abstain
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d moved that
seconded the
of the order,
The County Judge thereupon announced that the motion had duly and lawfully carried
and that the order had been duly and law -fully adopted. The order thus adopted follows:
IT IS ORDERED that:
1. The Director of the Harris County Community Services Department is authorized
to execute for and on behalf of Harris County, Amendment No. 9 to an Agreement with
the City of Baytown regarding Fixed Route Bus Service within the City of Baytown. The
Amendment is incorporated by reference and made a part of this order for all intents and
purposes as thought set out in full word for word.
2. All Harris County officials and employees are authorized to do any and all things
necessary or convenient to accomplish the purposes of this order.
C.A. File No. I6GEN0759