Ordinance No. 8,625990708 -1
ORDINANCE NO. 8625
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT FOR
LAW ENFORCEMENT SERVICES WITH THE HOUSING AUTHORITY OF
THE CITY OF BAYTOWN, TEXAS; 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 City Clerk to attest to an Agreement for Law
Enforcement Services with the Housing Authority of the City of Baytown, Texas. 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.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 81h day of July, 1999.
Az-' C
PETE C. ALFAR , Mayor
ATTEST:
i�
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, ., City Attorney
cklh 17 MCouncill0rdinance\AgreementW ithHousingAuthority4LawEnforcementServices
11
9 AGREEMENT FOR LAW
ENFORCEMENT SERVICES
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 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 of his patrol officers hereinafter
called "PATROL OFFICER," to devote those 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 for all intents and purposes; and
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 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 spends in preparing reports and documents pertaining to the events
occurring in the area, the time the PATROL OFFICER spends in makings 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 are explanatory and the meaning of "working time" is not limited to said list.
Agreement for Services of Patrol Officers, Page l
WHIT A
El
® II.
The AUTHORITY agrees to pay to the CITY a sum of FIFTY THOUSAND AND
NO 1100 DOLLARS ($50,000.00) for the assignment of the PATROL OFFICER to the locations
specifically described in Addendum "A" as well as their travel thereto. The CITY agrees to
provide to the AUTHORITY a monthly invoice setting forth the cost for providing the law
enforcement services to the AUTHORITY during such period. The AUTHORITY agrees to
Reimburse the CITY the cost as set forth in the invoices within 30 days of the date of each such
invoice. 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 Director of Finance, P.O. Box 424, Baytown, Texas 77522 -0424.
Invoices sent by the CITY shall be addressed to the AUTHORITY at 805 Nazro Street,
Baytown, Texas 77520. 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 commencing April 1, 1999, and ending
March 31, 2000. This Agreement shall automatically renew for a period of one year under the
same terms and conditions unless modified or otherwise terminated. in writing by either party in
accordance with this article. 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 30 days' advanced written notice of its intention to do so, specifying therein the
effective date of such termination. It is expressly understood dnd 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 by failing to timely pay any obligation herein. 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 Street, 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, address 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.
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 OFFICER, and shall have no duty or obligation to the
Agreement for Services of Patrol Officers, Page 2
® AUTHORITY or to persons 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 properties identified in the
addendum or the person occupying those properties. The CHIEF shall set the working times
(hours and days) for the PATROL OFFICER after consulting the designated agent of the
AUTHORITY.
V.
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 the
PATROL OFFICER assigned according to 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.
The CITY understands and agrees that a written crime report shall be prepared and
presented to the AUTHORITY semiannually. The reporting period shall be from April 1
through September 31 and October 1 through March 31 of each year in which this agreement is
in effect. Each report shall include incidents of homicide, rape, robbery, assault, burglary,
larceny -theft and motor vehicle theft. The report shall indicate for each offense listed in this
article, the number of known offenses reported to the police, the number of actual offenses, the
number of arrests and the number of arrests involving minors.
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 AUTHORITY.
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
® and for its attorney's fees in such litigation. Nothing in this paragraph shall be construed so as to
limit or waive the sovereign immunity of the CITY.
Agreement for Services of Patrol Officers, Page 3
IX.
Time is expressly declared to be of the essence in regard to this Agreement.
IN
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.
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.
aU'r
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.
Agreement for Services of Patrol Officers, Page 4
lY
0
11
XV
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.
XVI.
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.
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 AUTHORITY and the CITY hereto execute
this Agreement on this day of July, 1999.
CITY OF BAYTOWN, TEXAS
• Monte Mercer, City Manager
Agreement for Services of Patrol Officers, Page 5
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ATTEST:
Eileen P. Hall, City Clerk
BAYTOWN HOUSING AUTHORITY
Jean, xeldlive Director
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, Jeanene R: Young, the undersigned notary public, on this day personally
appeared Stephen R. Jean, in his capacity as Executive Director of the Baytown Housing
Authority, on behalf of such entity,
✓ known to me;
proved to me on the oath of ; or
proved to me through his current
{description of identification card or other document issued by the federal
government or any state government that contaips the photograph and signature of
the acknowledging person}
(✓ one)
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this �jday of July, 1999.
Al
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Agreement for Services of Patrol Officers, Page 6
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0 ADDENDUM "A"
HOUSING AUTHORITY OF THE CITY OF BAYTOWN
APARTMENT COMMUNITIES
1.
SAM HOUSTON COURTS
30 UNITS
805 W. NAZRO STREET
BAYTOWN, TX 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 THROUGH 1310 MIRIAM
BAYTOWN, TEXAS 77520
6.
EDISON COURTS
42 UNITS
110 N. TENTH STREET
BAYTOWN, TEXAS 77520
C7
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06/30/99 CITY OF BAYTOWN TX PAGE 18
ACCOUNTING PERIOD: 9/99 GENERAL LEDGER TRANSACTION ANALYSIS
91ECTION CRITERIA: transact.yr ='99' and transact.period ='9' and transact_t_c ='22' and transact.trans_ date= '06/30/1999'
FUND - 101 - GENERAL FUND
ACCOUNT DATE T/C REFERENCE VENDOR /PAYER
20097 RETIREMENT CONT'D
9 /99 06/30/99 22
9 /99 06/30/99 22 -
9 /99 06/30/99 22
9 /99 06/30/99 22
9 /99 06/30/99 22
9 /99 06/30/99 22 -
9 /99 06/30/99 22 -
9 /99 06/30/99 22 -
9 /99 06/30/99 22 -
9 /99 06/30/99 22 -
9 /99 06/30/99 22 -
9 /99 06/30/99 22 -
9 /99 06/30/99 22 -
9 /99 06/30/99 22 -
9 /99 06/30/99 22 -
9 /99 06/30/99 22 -
9 /99 06/30/99 22 - -
9 /99 06/30/99 22 -
9 /99 06/30/99 22 -
9 /99 06/30/99 22 -
9 /99 06/30/99 22 -
9 /99 06/30/99 22 -
9 /99 06/30/99 22 -
9 /99 06/30/99 22 -
9 /99 06/30/99 22 -
9 /99 06/30/99 22 -
9 /99 06/30/99 22 -
9 /99 06/30/99 22 -
9 /99 06/30/99 22 -
9 /99 06/30/99 22 -
9 /99 06/30/99 22 -
9 /99 06/30/99 22 -
9 /99 06/30/99 22 -
9 /99 06/30/99 22 -
9 /99 06/30/99 22 -
9 /99 06/30/99 22 -
9 /99 06/30/99 22 -
9 /99 06/30/99 22 -
9 /99 06/30/99' 22 -
TOTAL RETIREMENT
20103 DEFERRED COMP.
9 /99 06/30/99 22 -
9 /99 06/30/99 22 -
TOTAL DEFERRED COMP.
20111 UNITED WAY
9 /99 06/30/99 22 -
TOTAL UNITED WAY
DEBIT CREDIT DESCRIPTION
1,510.57
461.03
994.67
796.65
435.82
400.27
392.30
245.53
166.01
377.13
133.63
55.23
118.90
75.91
415.58
4,435.49
2,932.13
5,874.60
1,246.85
4,204.34
1,536.64
1,615.43
87.61
1,614.21
17,042.98
1,792.77
896.22
3,406.99
2,148.76
2,241.53
5,521.72
1,429.22
1,427.55
2,204.50
2,583.06
482.15
3,183.93
5,301.54
315.37
00 189,464.46
PAYROLL CHARGES - FRINGE
PAYROLL CHARGES - FRINGE
PAYROLL CHARGES- FRINGE
PAYROLL CHARGES - FRINGE
PAYROLL CHARGES - FRINGE
PAYROLL CHARGES - FRINGE
PAYROLL CHARGES- FRINGE
PAYROLL CHARGES - FRINGE
PAYROLL CHARGES - FRINGE
PAYROLL CHARGES- FRINGE
PAYROLL CHARGES - FRINGE
PAYROLL CHARGES - FRINGE
PAYROLL CHARGES - FRINGE
PAYROLL CHARGES - FRINGE
PAYROLL CHARGES - FRINGE
PAYROLL CHARGES - FRINGE
PAYROLL CHARGES-FRINGE
PAYROLL CHARGES - FRINGE
PAYROLL CHARGES- FRINGE
PAYROLL CHARGES - FRINGE
PAYROLL CHARGES- FRINGE
PAYROLL CHARGES - FRINGE
PAYROLL CHARGES - FRINGE
PAYROLL CHARGES - FRINGE
PAYROLL CHARGES - FRINGE
PAYROLL CHARGES-FRINGE
PAYROLL CHARGES - FRINGE
PAYROLL CHARGES - FRINGE
PAYROLL CHARGES - FRINGE
PAYROLL CHARGES - FRINGE
PAYROLL CHARGES - FRINGE
PAYROLL CHARGES- FRINGE
PAYROLL CHARGES - FRINGE
PAYROLL CHARGES - FRINGE
PAYROLL CHARGES - FRINGE
PAYROLL CHARGES - FRINGE
PAYROLL CHARGES - FRINGE
PAYROLL CHARGES - FRINGE
PAYROLL CHARGES - FRINGE
10,666.71 PAYROLL CHARGES - DEDUCTION
20,379.78 PAYROLL CHARGES - DEDUCTION
00 31,046.49
335.31 PAYROLL CHARGES - DEDUCTION
00 335.31
RUN DATE 06/30/99 TIME 16:19:54 COUNT SYSTEMS - FUND ACCOUNTING MANAGER
E