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Ordinance No. 9,860ORDINANCE NO. 9860 . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AGREEMENTS WITH GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FOR LAW ENFORCEMENT SERVICES; 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 an Agreement for Law Enforcement Services (Truancy Officer) between the City of Baytown (the "City") and Goose Creek Consolidated Independent School District (the "District ") to provide law enforcement services in the areas under control of the District. A copy of said agreement is attached hereto as Exhibit "A" and made a part hereof for all intents and purposes. Section 2: That the City Council of the City of Baytown, Texas, hereby authorizes the Mayor to execute and the City Clerk to attest to an Agreement for Law Enforcement Services between the City and the District to provide for law enforcement services at Lee High School, Sterling High School and the Alternative Learning Center. A copy of said agreement is attached hereto as Exhibit "B" and made a part hereof for all intents and purposes. Section 3: 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 26`h day of August, 2004. CALVIN MUNDINGER, Mayor ATTEST: LIM ARV W. SMITH, City Clerk APPROV•Z -D AS TO FORM: • ;� � �, �Q4 - <—Gl4ACIO RAMIREZ, S ity Attorney F:UeanenelMy Documents\CounciA03- 04Wugust 2ndW grcement4 Law EnforcementServicesWMGCCISD .doc ® AGREEMENT FOR LAW ENFORCEMENT SERVICES (Truancy Officer) 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 Goose Creek Consolidated Independent School District, 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 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 this officer's working time to act in the capacity of a truancy officer for the DISTRICT; and WHEREAS, the DISTRICT is willing to pay the CITY an amount equal to one -half (1/2) the direct cost to the CITY for supplying law enforcement services provided by such patrol officer, including salary, benefits and any related 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, 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 DISTRICT. 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 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 AP greement for Services of Truancy Patrol Officer, Page IMIT A CJ DISTRICT shall be deemed working time. The items listed above are explanatory and the meaning of "working time" is not limited to said list. II. The DISTRICT agrees to pay to the CITY a sum not to exceed THIRTY -SIX THOUSAND ONE HUNDRED SIXTY -FOUR AND NO /100 DOLLARS ($36,164.00) for assignment of a PATROL OFFICER to the truancy program. This sum is based on one -half (1 /2) of the salary and benefits of one officer for a one year period. The CITY agrees to provide to the DISTRICT a monthly invoice setting forth the cost for providing the law enforcement services to the DISTRICT. The DISTRICT agrees to reimburse the CITY from the DISTRICT's current, available revenues the cost as set forth in the invoices within 30 days' of the date of each such invoice. If the DISTRICT for any reason disputes any items in any invoices submitted by the CITY, the DISTRICT shall promptly notify the CITY of the dispute and request clarification and/or remedial action. After the CITY's review and consideration of the information submitted by the DISTRICT, 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 DISTRICT at P.O. Box 30, Baytown, Texas 77522. 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 October 1, 2004, and ending September 30, 2005. This Agreement is automatically renewable for a like term provided the parties agree as to the compensation to be paid by the DISTRICT to the CITY for the officer's salary and benefits during such renewal term. 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 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 DISTRICT has defaulted by failing to timely pay any obligation herein. 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 P.O. Box 30, Baytown, Texas 77522. 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. AP reement for Services of Truancy Patrol Officer, Page 2 ® IV. • It is expressly understood and agreed that the PATROL OFFICER assigned to work at the DISTRICT 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 DISTRICT or to persons 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 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 OFFICER after consulting the designated agent of the DISTRICT. V. 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 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 DISTRICT that the DISTRICT will not be billed for any costs associated with the assigned PATROL OFFICER during the time that the officer is temporarily assigned to other duties at the direction of the CHIEF. VI. Both parties mutually agree that the CITY is and 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 DISTRICT. VII. 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 or the DISTRICT. VIII. Time is expressly declared to be of the essence in regard to this Agreement. Agreement for Services of Truancy Patrol Officer, Page 3 • Ix. • This Agreement shall be construed under an in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Harris County, Texas. 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. 1� 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. XII. 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. XIII. 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. XIV. 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. XV. Agreement for Services of Truancy Patrol Officer, Page 4 ® 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. XVI. 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. XVII. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. XVIII. 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 under si ned DISTRICT and the CITY hereto execute this Agreement on this 2 day of , 2004. GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT Steve Fischer, President of the Board of Trustees ATTEST: CITY OF BAYTOWN, TEXAS Calvin Mundinger, Mayor ATTEST: • Carl Burg, Secretary f the Board Gary W. Smith, City Clerk of Trustees 1U' d_ bdc 1pd_data2\Legal_Advisor\DanicI JacksonlContractffruancy Officer Agreement 2004- 2005.doc Agreement for Services of Truancy Patrol Officer, Page 5 • • AGREEMENT FOR LAW ENFORCEMENT SERVICES (Bright Star) 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 Goose Creek Consolidated Independent School District, 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 desires to have the Chief of Police of the City of Baytown, hereinafter called "CHIEF" authorize and direct two Baytown police officers hereinafter called "PATROL OFFICERS," to devote those officers' 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 WHEREAS the DISTRICT is willing to pay the CITY an amount equal to the direct cost to the CITY for supplying law enforcement services provided by such PATROL OFFICERS, including salaries and any related expenses the CITY may incur in providing these services, so as to enable the PATROL OFFICERS assigned by the CHIEF to provide those services; 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 PATROL OFFICERS to provide law enforcement services in the areas under the control of the DISTRICT as set forth in Addendum "A." As used herein, the phrase "working time" means the usual or normal hours that the PATROL OFFICERS are required to work in any calendar month and does not include any extra or overtime work. The time the PATROL OFFICERS are on duty within the area, the time the PATROL OFFICERS spend in preparing reports and documents pertaining to the events occurring in the area, the time the PATROL OFFICERS spend in making preparations to provide law enforcement in the area, the time the PATROL OFFICERS spend transporting persons arrested in the area to jail, the time the PATROL OFFICERS spend investigating crimes or possible crimes committed in the area, and the time spent in any and all activities related to Agreement for Services of Patrol Officers, Page I 'rl;l,ll� ® performing law enforcement services for the DISTRICT shall be deemed working time. The items listed above are explanatory and the meaning of "working time" is not limited to said list. 0 II. The DISTRICT agrees to pay to the CITY a sum not to exceed EIGHTY -EIGHT THOUSAND TWO HUNDRED EIGHTY -EIGHT AND NO /100 DOLLARS ($88,288.00) for assignment of PATROL OFFICERS to the locations specifically described in Addendum "A." This sum is based on two (2) officers, working eight hours each day for 178 days in the school year. The total of 2,848 hours is to be reimbursed by the DISTRICT to the CITY at the rate of $31.00 per hour. The CITY agrees to provide to the DISTRICT a monthly invoice setting forth the cost for providing the law enforcement services to the DISTRICT. The DISTRICT agrees to reimburse the CITY from the DISTRICT's current, available revenues the cost as set forth in the invoices within 30 days of the date of each such invoice. If the DISTRICT for any reason disputes any items in any invoices submitted by the CITY, the DISTRICT shall promptly notify the CITY of the dispute and request clarification and/or remedial action. After the CITY's review and consideration of the information submitted by the DISTRICT, the decision of the CITY regarding all disputes involving the cost for providing the PATROL OFFICERS 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 DISTRICT at P.O. Box 30, Baytown, Texas 77522. 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 August 16, 2004, and ending May 26, 2005. 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 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 DISTRICT has defaulted by failing to timely pay any obligation herein. 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 P.O. Box 30, Baytown, Texas 77522. 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. Agreement for Services of Patrol Officers, Page 2 ® IV. • It is expressly understood and agreed that any PATROL OFFICERS assigned to work at the DISTRICT 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 DISTRICT or to persons in the areas described in Addendum "A," 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. 0 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 the PATROL OFFICERS assigned according to this Agreement. It is, however, understood by both the CITY and the DISTRICT that the DISTRICT will not be billed for any costs associated with the assigned PATROL OFFICERS if the officer is temporarily assigned to other duties at the direction of the CHIEF. VI. Both parties mutually agree that the CITY is and 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. VII. 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 or the DISTRICT. VIII. Time is expressly declared to be of the essence in regard to this Agreement. Agreement for Services of Patrol Officers, Page 3 ® IX. This Agreement shall be construed under an in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Harris County, Texas. IN 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. XI. 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. XII. 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. XIII. 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. XIV. 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. XV. 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 Agreement for Services of Patrol Officers, Page 4 ® 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. XVI. 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. XVII. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. XVIII. 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, t undersigned DISTRICT and the CITY hereto execute this Agreement on this ! day of )2004. GOOSE CREEK CONSOLIDATED CITY OF BAYTOWN, TEXAS INDEPENDENT SCHOOL DISTRICT S eve Fischer, President of the Board of Trustees ATTEST: Carl Burg, Secretary he Board • of Trustees Agreement for Services of Patrol Officers, Page 5 Calvin Mundinger, Mayor ATTEST: Gary W. Smith, City Clerk • ADDENDUM "A" LEE HIGH SCHOOL 2809 MARKET STREET BAYTOWN, TEXAS 77520 2. STERLING HIGH SCHOOL 300 WEST BAKER ROAD BAYTOWN, TEXAS 77521 0 \\Pd—bdc\pd—data2\Legal_Advisor0anieI lackson\Contracts\Bright Star Agreement 2004- 2005.doc Addendum "A," Page Solo