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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 0 Ll 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 GQ F Cb If aF TV* � X20 iunu1n N ry P lic in and e St e of tLq1W2L' �Aul exas My commission expires: 0 4 c:klh 1 178ContractsT atro10MiicasPorFl ousingAuthority \AgrccmenWPatro10niccrs 1998- 990can Agreement for Services of Patrol Officers, Page 6 0 U 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 E 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