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Ordinance No. 7,856961126 -13 ORDINANCE NO. 7856 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH THE HOUSING AUTHORITY OF THE CITY OF BAYTOWN; MAKING OTHER PROVISIONS RELATED THERETO; 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 and directs the City Manager to execute and the City Clerk to attest to a contract with the Housing Authority of the City of Baytown. A copy of said contract is attached hereto, marked Exhibit "A," and made a part hereof for all intents, and purposes. Section 2: That pursuant to the provisions of Texas Local Government Code Annotated § 252.04$, the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of FIFTEEN THOUSAND AND NO /100 DOLLARS ($45,000.00) or less, subject to the provision that the original contract price may not be increased by more than twenty-five (25 %) or decreased by more than twenty -five (25 %) percent without the consent of the contractor to such decrease. 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 26th day of November, 1996. PETE C. ALFARO, Mayor ATTEST: EILEEN P. HALL, City Clerk APPROVED AS TO FORM: KAREN L. HORNER, Assistant City Attorney c: \council \meetings \november \housauth.26 AGREEMENT STATE OF TEXAS COUNTY OF HARRIS Whereas, this agreement is made and entered into by and between the Housing Authority of the City of Baytown, hereinafter called "AUTHORITY," and the City of Baytown, a municipal corporation, located in Harris and Chambers Counties, Texas, hereinafter called "CITY." WITNESSETH: Whereas, the AUTHORITY 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 that officer's working time to a certain area in the City of Baytown, Texas, more specifically described in Addendum "A" which is attached hereto and incorporated herein; and Whereas, the AUTHORITY is willing to pay the CITY an amount equal to the "cost" to the CITY for supplying law enforcement services, including salaries and any additional 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, agreements, and benefits to both parties, it is AGREED as follows: The CITY agrees to authorize the CHIEF to assign a PATROL OFFICER to provide law enforcement services in the areas under the control of the AUTHORITY as set forth in Addendum "A." 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 is in court in connection with cases arising out events occurring within the area, the time the PATROL OFFICER spends in preparing reports and documents pertaining to 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 law enforcement services for the AUTHORITY shall be deemed working time. The items listed above is are explanatory and the meaning of "working time" is not limited to said list. EXHIBIT A • HOUSING AUTHORITY AGREEMENT PAGE 2 II. The AUTHORITY agrees to pay to the CITY a sum of $50,000 to partially cover the costs of the CITY in providing 2,080 hours of PATROL OFFICER duties assigned to the AUTHORITY. The CITY agrees to provide to the AUTHORITY a monthly invoice setting forth the costs for providing the law enforcement services to the AUTHORITY. The AUTHORITY agrees to reimburse the CITY the cost as set forth in the invoice within thirty (30) days of the date of such invoices. If any items in any invoices submitted by the CITY are disputed by the AUTHORITY for any reason, the AUTHORITY shall promptly notify the CITY of the dispute and request clarification and/or remedial action. 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: Finance Director, P. 0. Box 424, Baytown, Texas 77522 -0424. Invoices sent by the CITY shall be addressed to the AUTHORITY at 805 Nazro St., Baytown, Texas 77520. Either party hereto may change its address for the purposes 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 commencing Q�JQher 1. 1996, and ending September 30. 1997. It is expressly understood and agreed that the period or term of 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 the period or term of this agreement may be terminated with or without notice by the CITY at any time after the AUTHORITY has defaulted on any payment of any obligation hereunder. Any notice permitted or required to be given in this paragraph to the AUTHORITY shall be given by registered or certified United States mail, postage paid, return receipt requested, and addressed to the AUTHORITY at 805 Nazro St., Baytown, Texas 77520. 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. IV. It is expressly understood and agreed that any PATROL OFFICER assigned to work at the AUTHORITY 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 AUTHORITY or to its residents in the areas described in Addendum "A" 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 or "house rules" of the AUTHORITY as those rules may apply to the premises identified in the addendum or the residents occupying those premises. The CHIEF shall set the working times (hours and days) for the PATROL OFFICER after consulting with a designated agent of the AUTHORITY. HOU81110 AUTHORITY AGREEWENT • PAGE 3 a It is expressly agreed and understood between the AUTHORITY 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 a PATROL OFFICER to comply with this agreement. It is, however, understood by both the CITY and the AUTHORITY that the AUTHORITY will not be billed for any "costs" associated with the assigned PATROL OFFICER if the officer is temporarily assigned to other duties at the direction of the CHIEF. VI. Both parties mutually agree that the CITY is an independent contractor, and shall have exclusive control of performance hereunder, and that employees of the CITY are in no way to be considered employees of the AUTHORITY. VII. In consideration of the assignment of a PATROL OFFICER to provide law enforcement services on behalf of the AUTHORITY, the AUTHORITY agrees to and shall indemnify, defend, and hold harmless the CITY, its officers, agents, and employees, from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expense of litigation, court costs, and attorney's fees, for injuries to or death of any persons, or for damage to any property or any other causes of action arising out of or in connection with the law enforcement services provided to the AUTHORITY by the CITY under the terms of this agreement. Such indemnity shall apply where the claims, losses, damages, causes of action, suits or liabilities arise in whole or in part from the negligence, joint negligence, or willful misconduct of the CITY. It is the expressed intention of the parties hereto, both the AUTHORITY and the CITY, that the indemnity provided for in this paragraph is indemnity by the AUTHORITY to indemnify, defend and protect the CITY from the consequences of the CITY'S own negligence and misconduct, whether that negligence or misconduct is the sole or a concurring cause of the injury, death or damage. VIII. Should any litigation be commenced between the parties hereto concerning this agreement, or the rights and duties of either party in relation thereto, the party prevailing in such litigation shall • be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for its attorney's fees in such litigation. Nothing in this paragraph shall be construed so a to limit or waive the sovereign immunity of the CITY. HOUSING AUTHORITY wREEidT PAGE 4 VA Time is expressly declared to be of the essence in regard to this agreement. X. 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, 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. This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding of written or oral agreements between the parties respecting the within subject matter. XIII. 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. XIV. Neither party to this agreement may assign their rights, duties, or interests without first obtaining the written consent of the other party. A consent to one assignment shall not be deemed to be a 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. HOUSING AU'T'HORITY AGREEMENT PAGE 5 IN WITNESS WHEREOF, the undersigned AUTHORITY and CITY hereto execute this agreement on this day of 1 1996. HOUSING AUTHORITY OF THE CITY OF BAYTOWN ATTEST: • C KL11251contractU lousingr\uthority.SignaturePagc CITY OF BAYTOWN, TEXAS BOBBY ROUNTREE, City Manager ATTEST: EILEEN P. HALL, City Clerk HOUSING AUTHORITY AGREEMENT PAGE 6 ; ADDENDUM "A" HOUSING AUTHORITY OF THE CITY OF BAYTOWN APARTMENT COMMUNITIES 1. SAM HOUSTON COURTS 30 UNITS 805 W. NAZRO STREET BAYTOWN, TEXAS 77520 2. LINCOLN COURTS 30 UNITS 1000 CARVER STREET BAYTOWN, TEXAS 77520 3. ARCHIA COURTS 58 UNITS CLYDE DRIVE BAYTOWN, TEXAS 77520 4. DEZAVALA COURTS 30 UNITS WEST TEXAS AVENUE, NORTH ATLANTIC, AND DORRIS STREETS BAYTOWN, TEXAS 77520 5. OLIVE COURTS 20 UNITS 1200 THRU 1310 MIRIAM BAYTOWN, TEXAS 77520 6. EDISON COURTS 42 UNITS 1100 N. TENTH STREET BAYTOWN, TEXAS 77520 le