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Ordinance No. 13,334ORDINANCE NO. 13,334 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. ********************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 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 from and after its passage by the City Council of the City of Baytown. /I INTRODUCED, READ, and PASSED by the affirmative Baytown this the 13'h day of October, 2016. ST�t�I'HENLH A ST: // bEl u RYS , C rk gAYTOyy� a APPROVED AS TO FORM: l O� NACIO RAMIREZ, SR., City t mey the City Council of the City of 1%cobfs0l \legal\Karen\Files' -City Council Ordinances\2016 `.October 13 TniancyAgreomentOrdinance2o16- 17.doe Mayor Exhibit "A" AGREEMENT FOR LAW ENFORCEMENT SERVICES (Truancy Officer) STATE OF TEXAS COUNTY OF HARRIS WHEREAS, this Agreement for Law Enforcement Services, hereinafter 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 Counties, 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 to one -half (1/2) 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 CHIEF 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 persons 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 listed 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 -EIGHT THOUSAND TWELVE AND 02/100 DOLLARS ($58,012.02) 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 the 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 2016 -2017 school year, and ending on the last day of the 2016 -2017 school year, and will be subject to renewal for additional one -year terms annual 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 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 IV. 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 be 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 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. Agreement for Services of Truancy Patrol Officer, Page 3 LVA Time is expressly declared to be of the essence in regard to this Agreement. This Agreement shall be construed under an 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. KW No amendment modification 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. Agreement for Services of Truancy Patrol Officer, Page 4 XVI. Neither party to this 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. 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 represent 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. IN WITNESS WHEREOF, the undersigned DISTRICT and the CITY hereto execute this Agreement on this day of , 2016. GOOSE CREEK CONSOLIDATED CITY OF BAYTOWN, TEXAS INDEPENDENT SCHOOL DISTRICT Al Richard, President of the Board of Trustees ATTEST: Jessica Woods, Secretary of the Board of Trustees Stephen H. DonCarlos, Mayor ATTEST: Leticia Brysch, City Clerk R!. Karen ', ..Files'.Contracts`,GCCISD Agreement for Law Enforcement Officers - Truancy Officer\Truancy Officer Agreement 2016- 2017.doc Agreement for Services of Truancy Patrol Officer, Page 5