Loading...
Ordinance No. 8,600990610 -4 ORDINANCE NO. 8600 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT FOR THE MUNICIPAL COURT, POLICE ACADEMY, AND POLICE STATION IMPROVEMENTS WITH THE BAYTOWN CRIME CONTROL AND PREVENTION 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 and directs the Mayor and City Clerk of the City of Baytown to execute and attest to an Agreement for the Municipal Court, Police Academy, and Police Station Improvements with the Baytown Crime Control and Prevention District. A copy of said Agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 1 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 10`" day of June, 1999. �. c. � PETE C. ALFARO, ayor ATTEST: EILEEN P. HAIL, City Clerk APPROVED AS TO FORM: alzi 0 c:klhI72\ Council\ Ordinances\ CCPDContract4MunieipalCourtPoliceAcademyPoliceDeparimentRenovations ® AGREEMENT FOR MUNICIPAL COURT, POLICE ACADEMY, AND POLICE STATION IMPROVEMENTS STATE OF TEXAS § COUNTY OF HARRIS § This Agreement for Municipal Court, Police Academy, and Police Station Improvements (the "Agreement ") is made as of the day of June, 1999, by and between the CITY OF BAYTOWN, a municipal corporation located in Harris and Chambers Counties, Texas, (the "City, ") and the BAYTOWN CR NTE CONTROL AND PREVENTION DISTRICT, a crime control and prevention district created under Chapter 363 of the Texas Local Government Code, as amended, (the "Act ") and located in Harris and Chambers Counties, Texas, (the "District "). For and in consideration of the mutual covenants herein contained, it is agreed as follows: Section 1. Representations and Warranties of District. a) The District is engaged in an on -going effort to provide new resources to not only fight crime and but also provide for capital and equipment needed to enhance the municipal court, police academy, and police department facilities in the City. b) The District covenants that it shall actively work to productively coordinate its activities with the City in an effort to reduce duplication of services. C) The District represents and warrants that it has been property created and is duly authorized pursuant to the Act to enter into this Agreement. Section 2. Description of Improvements. The City, with the assistance of the District as herein specified, agrees to construct the following facilities on the City's property and administer all contracts incident thereto to further the District's goals: a) Alfunicipal Court Improvements. Due to the success of the zero - tolerance program, the load on the City's municipal court has increased and expansion is necessary. The proposed facility improvement will provide 10,000 square feet dedicated to the City's court system and shall contain two courtrooms along with all other essential facilities. This expansion is essential to meet current and growing demands of the court's activity. b) Police Academy Improvements. This academy will provide training required by the Texas Commission on Law Enforcement Officer Standards and Education and the Ageement for Jail. Tragic and lnvcsligation Services UHINT A and Jail and Communication ImnrovemenL,, Page l ® Baytown Police Department. The facility is expected to contain two classrooms, a library, several offices, and other related amenities. c) Police Department Renovations. This renovation project shall be designed to provide and expand the existing property room, to construct a patrol assembly and report writing room, and to house the Problem Resolution Team. The additional space needed for this renovation will be found by revamping the old municipal court and jail areas. Section 3. Reports. The City shall prepare and submit to the District within 30 days after the end of each fiscal year during the term of this Agreement a verbal or brief written report describing the services performed by the City pursuant to this contract during the previous year along with a summary of expenditures for the previous fiscal year. Section 4. Changes and Clarifications a) The City understands and agrees that program clarification and /or modifications may be made in writing by the District's Board at any time; provided, that such clarification or modification is neither contrary to the purposes expressed in this Agreement nor contrary to an agreement into which the City has already entered in furtherance of its obligations under this Agreement. As soon as reasonably practicable after the receipt of any such clarification or modification, the City will make the necessary changes to comply. b) Plans and specifications for the municipal court and police academy facilities along with the police department renovations shall be approved by the District or its designee prior to the municipal court, police academy, or police building construction being advertised for bids, and may not be thereafter changed by the District to increase the price unless the District provides additional funds therefor. Likewise once the plans and specifications are approved by the District, the City may not thereafter make changes to the same which would increase the construction price unless (1) the City provides the necessary funds therefor and the City has obtained the approval of the District or (ii) the District determines such changes are necessary and agrees in writing to pay for the increase in the construction price. Section S. Funds to be provided by the District. For and in consideration of the services to be provided by the City in furtherance of this agreement, the District shall provide the following funds to the City in the amounts and for the programs hereinbelow listed: Agreement for Jail. Traffic and Investieation Services and Jail and Communication Improvements, Page 2 C : Ga ital 0uilaY.. ::; :.........::.:...: . :::.: _..... . ... :::.........::.. Mur ici al Court Facility $850,100 $150,000 Police Acaderny Facility $80,100 $250,000 Police Department Renovations -0- $500.000 Unless otherwise provided, all payments required to be made herein shall be payable on or before 30 days after the District receives the sales and use tax levied pursuant to the provisions of the Act from the state comptroller., Section 6. Term. This Agreement shall be effective for a period commencing on the date first mentioned above, and ending two years thereafter or 30 days after final completion and acceptance of the improvements by the City and the District, whichever is later, unless sooner terminated by either party hereto pursuant to the terms hereof. Section 7. Termination for Cause. A party may terminate its performance under this contract only upon default by the other party. Default by a party shall occur if the party fails to perform or observe any of the terms and conditions of this Agreement required to be performed or observed by that party. Should such a default occur, the party against whom the default has occurred shall have'the right to terminate all or part of its obligations under this contract as of the 30th day following the receipt by the defaulting party of a notice describing such default and intended termination, provided: (1) such termination shall be ineffective if within said 30 -day period the defaulting party cures the default, or (2) such termination may be stayed, at the sole option of the party against whom the default has occurred, pending cure of the default. Upon the termination of this Agreement, both parties shall be relieved of their respective obligations herein stated. This Agreement shall not be subject to termination for convenience. Section 8. Force NIajeure. Any prevention, delay, nonperformance, or stoppage due to any of the following causes shall excuse nonperformance for the period of any such prevention, delay, nonperformance, or stoppage, except the obligations imposed by this Agreement for the payment of funds allocated for the District's programs. The causes referred to above are strikes, lockouts, labor disputes, failure of power, acts of God, acts of public enemies of this State or of the United States, riots, insurrections, civil commotion, inability to obtain labor or materials or reasonable substitutes for either, governmental A eement for Jail Traffic and Invcstication Services and Jail and Communication Iml2rovernents, Page 3 • restrictions or regulations or controls, casualties or other causes beyond the reasonable control of the party obligated to perform. Section 9. Refund and Payment upon Termination. Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured default by the City, the City hereby agrees to refund all unexpended, unappropriated monies previously paid by the District to the City pursuant to this Agreement. If at the time of termination the District owes the City monies, the District shall remit to the City the appropriate amount computed as of the effective date of the termination. Section 10. Parties in Interest. This contract shall bind and benefit the City and the Association and shall not bestow any rights upon any third parties. Section 11. 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. Section 12. Compliance with Applicable Laws. The parties hereto shall comply with all rules, regulations, and laws of the United States of America, the State of Texas, and all laws, regulations, and ordinances of the City of Baytown as they now exist or may hereafter be enacted or amended. Section 13. Choice of Law; Venue. This contract is subject to and shall be construed in accordance with the laws of the State of Texas, the laws of the federal government of the United States of America and all rules and regulations of any regulatory body or officer having jurisdiction. This contract is performable in Harris County, Texas. Ag]-cement for 1aif. Traliic and investigation Services and .►ail and Communication Improvements, rage 4 ® Section 14. Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: District Baytown Crime Control and Prevention District Attn: President, Board of Directors P.O. Box 424 Baytown, TX 77522 Fax: (281) 420 -6586 C 1�ty City of Baytown Attn: City Manager P. 0. Box 424 Baytown, Texas 77522 -0424 Fax: (281) 420 -6586 Section 15. Audits. The City and the District may, at any reasonable time, conduct or cause to be conducted an audit of the other parties' records and financial transactions. The cost of said audit will be borne by the entity requesting the audit. The City and the District shall make available all of its records in support of the audit. Section 16. 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. Section 17. Captions. The captions of the sections and subsections, if any, of this Agreement are for convenience and ease of reference only and do not define, limit, augment or describe the scope, content or intent of this Agreement or of any part or parts of this Agreement. Agreement for Jail Traffic and fnvesti ation Services and .fail and Communication Improvements, Page 5 0 Section 18. Entire Agreement. This Agreement contains 'all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. Any oral representations or modifications concerning this instrument are of no force or effect excepting a subsequent modification in writing signed by all the parties hereto. Section 19. Assignment or Transfer of Rights or Obligations. The City shall not sell, assign, or transfer any of its rights or obligations under this Agreement in whole or in part without prior written prior consent of the District. Section 20. Severability. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. Section 21. Authority. The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he /she represents. IN WITNESS WHEREOF, the parties have made and executed this contract in multiple copies, each of which shall be an original. CITY OF BAYTOWN BAYTOWN CRINIE CONTROL AND PREVENTION DISTRICT MONTE MERCER, City Manager ATTEST: EILEEN P. HALL, City Clerk PETE C. ALFARO, President ATTEST: EILEEN P. HALL, Secretary c:klh 1 721 Councill CrimeControl& Prcv ntionDistrictV\ geement4PoliceAcadcmyivTunicipalCourt &PoliceDeprtrtmcntRenov;Ltion Aereement for Jail. Traffic and Investieation Service and Jail and Communication Improvements, Page 6