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Ordinance No. 14,128ORDINANCE NO. 14,128 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE SCHOOL ZONE AGREEMENT WITH GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT; 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 Mayor to execute and the City Clerk to attest to the School Zone Agreement with Goose Creek Consolidated Independent School District. A copy of said agreement is attached hereto as Exhibit "A," and incorporated herein 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. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 251h day of July, 2019. BRANDON CAPETILLO, May r P% 1�j /� �� $1. /:11a9:ZGILTA01XXI V116301111'5 6CAACIO RAMIREZ, SR., Cit ttorney COBFS01 •Legal•Karen'.Files'.City Council. Ordinances\2019Vuly 25 GCCISDSchoolZoneAgreement.doc Exhibit "A" SCHOOL ZONE AGREEMENT STATE OF TEXAS § COUNTY OF HARRIS § WHEREAS, this School Zone Agreement, 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 and the CITY desire to increase safety of school zones within its overlapping territorial limits; and WHEREAS, the DISTRICT desires to have the CITY (i) through its Chief of Police, hereinafter called "CHIEF," authorize increased patrols within those DISTRICT's school zones that are located within the incorporated limits of the CITY, and (ii) through its Director of Public Works, hereinafter called "DIRECTOR," install and maintain school zone flashers to designate school zones within the incorporated limits of the CITY; and WHEREAS, the DISTRICT is willing to pay the CITY an amount equal to ONE HUNDRED TWENTY-EIGHT THOUSAND SIX HUNDRED NINETY-SIX AND 96i100 DOLLARS ($128,696.96) to offset a portion of the cost to the City to perform increased patrols and to install and maintain school zone flashers; WHEREAS, the CITY desires to perform the services requested by the DISTRICT in order to protect the health, safety and welfare of its citizens; NOW THEREFORE, in consideration of the mutual covenants, agreements and benefits to both parties, it is agreed as follows: 1. SERVICES. The CITY agrees to: (a) authorize increased patrols within those DISTRICT's school zones that are located within the incorporated limits of the CITY for the 2019-2020 school year through the 2023-24 school year, and (b) install and maintain school zone flashers to designate school zones within the incorporated limits of the CITY. 2. PAYMENT FOR SERVICES. The DISTRICT agrees to pay to the CITY a one-time lump sum of ONE HUNDRED TWENTY-EIGHT THOUSAND SIX 14LJNDRED NINETY-SIX AND 96/100 DOLLARS ($128,696.96) for the services specified in Section 1 of this Agreement. Payment shall be due within sixty (60) days after the School Zone Agreement, Page I Effective Date of this Agreement and shall be made to the City of Baytown, Attention: Director of Finance, P.O. Box 424, Baytown, Texas 77522-0424. 3. TERM. The term of this Agreement shall be from the first day of the 2019-2020 school year through the last day of the 2023-24 school year, and will be subject to renewal for additional one-year terms at the conclusion of the then current term, 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 after the expiration of the initial term 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. Likewise, the DISTRICT shall have the right to terminate this Agreement should CITY default in its obligations and fail to cure such default within five (5) days of receiving written notice thereof. 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 paid, 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. 4. NON -APPROPRIATION. 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 sixty (60) 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. CONTROL OF PATROL OFFICERS. It is expressly understood and agreed that the patrol officers assigned to provide increased patrols within the DISTRICT's school zones within the CITY's corporate limits shall be subject to the control and supervision of the CHIEF to the same extent as all other police officers, and shall have no duty or obligation to the DISTRICT or to persons other than those duties or obligations which the patrol officers would have to the public generally. It is specifically agreed that the patrol officers 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 officers after consulting the designated agent of the DISTRICT. School Zone Agreement, Page 2 6. TEMPORARY REASSIGNMENT OF PATROL OFFICERS. 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 officers 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 such patrol officers. 7. CONTROL OF PUBLIC WORKS EMPLOYEES. It is expressly understood and agreed that the public works employees assigned to install and maintain school zone flashers within the DISTRICT's school zones within the CITY's corporate limits shall be subject to the control and supervision of the DIRECTOR to the same extent as all other public works employees, and shall have no duty or obligation to the DISTRICT or to persons other than those duties or obligations which the public works employees would have to the public generally. The DIRECTOR shall set the working times (hours and days) for the public works employees; however, it is agreed that the installation of the school zone flashers shall be completed the later of (i) November 1, 2019 or (ii) within two (2) weeks of the City's receipt of the equipment. INDEPENDENT CONTRACTOR. Both parties mutually agree that the CITY is an independent contractor, and shall have exclusive control of performance hereunder and that the patrol officers and all other employees of the CITY are in no way to be considered employees of the DISTRICT. 9. NO WAIVER OF SOVEREIGN IMMUNITY. Nothing in this Agreement shall be construed so as to limit or waive the sovereign immunity of the CITY or the DISTRICT. 10. TIME IS OF THE ESSENCE. Time is expressly declared to be of the essence in regard to this Agreement. 11. GOVERNING LAW. 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. 12. SEVERABILITY. 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. 13. NON -WAIVER. 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. School Zone Agreement, Page 3 14. AMBIGUITIES. 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. 15. ENTIRE AGREEMENT. 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. 16. AMENDMENTS. 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. 17. ASSIGNMENT. 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. 18. AUTHORITY. 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 entities. 19. AGREEMENT READ. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 20. MULTIPLE ORIGINALS. 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 , 2019. GOOSE CREEK CONSOLIDATED CITY OF BAYTOWN, TEXAS INDEPENDENT SCHOOL DISTRICT ATTEST: RICHARD L. DAVIS, City Manager ATTEST: LETICIA BRYSCH, City Clerk R: Karen Files Contracts GCCISD School Zone Agreement 2019 School Zone Agreement.docx School Zone Agreement, Page 4