Ordinance No. 10,409ORDINANCE NO. 10,409
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH THE
BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT FOR
PATROL OFFICERS, VEHICLES AND EQUIPMENT; 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 to execute and the City Clerk to attest to an agreement with the Baytown
Crime Control and Prevention District for patrol officers, vehicles and equipment. A copy of the
Agreement is attached hereto as 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 affirmativ ote of the City Council of the
City of Baytown this the 14th day of September, 2006.
APPROVED AS TO FORM:
NACIO RAMIREZ, ., City Attorney
DONCARLOS,
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49b,
OW AGREE.NIENT FOR PATROL OFFICERS, VEHICLES AND EQI,IPMENT
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement for Patrol Officers, Vehicles and Equipment (the "Agreement ") is made as
of the day of August, 2006, by and between the CITY OF BAYTOWN, a municipal
corporation located in Harris and Chambers Counties, Texas, (the "City") and the BAYTOWN
CRIME 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 enizaged in an on -going effort to provide new resources to fight crime
and enhance public safety throughout 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 properly created and is duly
authorized pursuant to the Act to enter into this Agreement.
Section 2. Description of Probrams.
The City, with the assistance of the District as herein specified, agrees to develop, organize
and manage the following programs. including entering into and administering all contracts incident
thereto:
a) Public Safety Operations. This program will employ fourteen new entry-level patrol
officers during the first year of the Agreement and will enable the Chief of Police to
assign his more senior officers to specialized public safety operations. This program
thereafter will maintain such positions created.
b) Supplies. This program will supply the fourteen new officers with uniform issue and
body armor vests in year 1 of the Agreement .
C) 1Vlotor Vehicles. This program shall also provide resources necessary to procure
full -size police vehicles necessitated by the public safety operations specified
AIW hereinabove.
EXHIBIT n
Agreement for Patrol Officers, Vehicles and Equipment, Page l
AVMI
01h,
d) Nfobile Data Terminal Program. This program will make available mobile data
terminals for the Police Department. which will enable the officers to efficiently
communicate and to readily obtain and provide information.
e) .-Administration. This program will provide reimbursement for a portion of the costs
incurred by the City in administering the crime control and prevention programs.
Persons filling any of the positions created. in part, by the District's programs mentioned
hereinabove shall be employees of the City, and. therefore, subject to the City's personnel policies
and procedures and entitled to the benefits offered by the City to other similarly situated employees,
as determined by the City in its sole discretion. As such, the City shall be responsible for the
supervision and control of such employees.
Section 3. Program 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. Funds to be provided by the District.
For and in consideration of the services to be provided by the City in furtherance of the
District's programs listed in Section 2, the District shall provide the funds to the City for the actual
costs of such programs for each year of the Agreement. It is estimated that such costs shall be as
follows:
UDerattons
Public Safety Operations S553.358 1 5763.633 5790.361 $818,023 5846,654
Supplies 519,600 1 -- -- -- -
Capital Outla%,
Motor Vehicles $120,000 S74,520 577,128 $79,828 582,622
Mobile Data Terminal Program S 48,500 550,198 551.954 553,773 555,655
Transfers
Administration -- S10,000 i S10,350 $10,712 1 S11,087
*These are estimates only. Expenditures will be budgeted on an annual basis and the District shall be responsible
for the actual program costs.
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. While the District receives such funds from the State on a
quarterly basis. the District's obligations under this Agreement are on a yearly basis. As such, any
funds received by the District during an agreement year and/or any prior year shall be applied to the
actual expenses incurred during each year, regardless of when they are received.
Agreement for Patrol Officers, Vehicles and Equipment, Page 2
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The City understands and agrees that the District's obligation for payment under this
Agreement shall at no time exceed the amount of sales and use tax revenue received by the District
in any agreement year. If adequate funds are not received, the District shall have the obligation to
pay the revenues actually received and the City shall be obligated to expend only to the extent that
such revenues cover the programs enumerated hereinabove.
Section 5. Term.
This Agreement shall be effective for a period commencing on October 1, 2006, and ending
five years after the date the District first levies taxes for District purposes, unless sooner terminated
by either parry hereto pursuant to the terms hereof or unless the District is dissolved prior to such
time.
Section 6. 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 30`x' day following the receipt by the defaulting
party of 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 7. Force Majeure.
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 restrictions or regulations or controls, casualties or other causes beyond the reasonable
control of the party obligated to perform.
Agreement for Patrol Officers, Vehicles and Eauioment, Page 3
Section 8. 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 9. Parties in Interest.
This contract shall bind and benefit the City and the District and shall not bestow any rights
upon any third parties.
Section 10. 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 11. 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 12. 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.
Section 13. 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
Ap• 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:
Agreement for Patrol Officers. Vehicles and Equipment. Page 4
District
Baytown Crime Control and Prevention District
Attn: President, Board of Directors
P.O. Box 424
Baytown, TX 77522
Fax: (281) 420 -6586
Ciry
City of Baytown
Attn: City Manager
P. O. Box 424
Baytown, Texas 77522 -0424
Fax: (281) 420 -6586
Section 14. 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 15. 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 16. 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.
Section 17. 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.
Agreement for Patrol Officers, Vehicles and Eguiyment. Page 5
Section 18. 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 19. Severabilit-v.
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 20. 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 parry 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
STEPHEN H. DONCARLOS, Mayor
ATTEST:
LORRI COODY, City Clerk
BAYTOWN CRIME CONTROL AND
PREVENTION DISTRICT
CARL BRANDON, President
ATTEST:
LORRI COODY, Secretary
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