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Ordinance No. 10,969ORDINANCE NO. 10,969
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AN AGREEMENT FOR LAW ENFORCEMENT SERVICES WITH THE
GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FOR THE
TRUANCY PROGRAM AND AN AGREEMENT FOR LAW ENFORCEMENT
SERVICES WITH THE GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL
DISTRICT FOR THE BRIGHT STAR PROGRAM AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN AN AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY
THOUSAND FIVE HUNDRED SEVENTY-NINE AND 20/100 DOLLARS ($250,579.20);
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 City
Manager lo execute and the City Clerk to attest to an Agreement for Law Enforcement Services with the
Goose Creek Consolidated Independent School District for the truancy program. A copy of said agreement is
attached hereto, marked Exhibit "A" and made a part hereof for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to the Goose Creek
Consolidated Independent School District in an amount not to exceed THIRTY-EIGHT THOUSAND SIX
HUNDRED EIGHTY-EIGHT AND NO/100 DOLLARS ($38,688.00) in accordance with the agreement
authorized in Section 1 hereof.
Section 3: That the City Council of the City of Baytown, Texas, hereby authorizes the City
Manager to execute and the City Clerk to attest to an Agreement for Law Enforcement Services with the
Goose Creek Consolidated Independent School District for the Bright Star Program. A copy of said
agreement is attached hereto, marked Exhibit "B" and made a part hereof for all intents and purposes.
Section 4: That the City Council of the City of Baytown authorizes payment to the Goose Creek
Consolidated Independent School District in an amount not to exceed TWO HUNDRED ELEVEN
THOUSAND EIGHT HUNDRED NINETY-ONE AND 20/100 DOLLARS (S211,891.20) in accordance
with the aareement authorized in Section 3 hereof.
Section 5: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote jot the City Council of the City of
Baytown this the 221"1 day of September, 2008,
DARNELL. City Clerk
APPROVED AS TO FORM:
(6NACI0 RAMIREZ, SR., City{$torney
R:\Kami\l-'iles\City Council\Ordinani;(:s\2008\Scplumber 22\Trumicy&BriglitSlarABrceirienlsOulmiincu2008.doc
Exhibit "A"
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
truancy and 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 truancy and law enforcement
Agreement for Services of Truancy Patrol Officer. Page 1
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.
II.
The DISTRICT agrees to pay to the CITY each school year of this contract a sum not to
exceed THIRTY-EIGHT THOUSAND SIX HUNDRED EIGHTY-EIGHT AND NO/100
DOLLARS ($38,688.00) 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
4544 I-10, Baytown, Texas 77521. 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 of three (3) school years commencing
August 25, 2008, and ending on the last school day of the 2010-2011 school year. It is expressly
understood and agreed that 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 4544 I-10, Baytown, Texas 77521. 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, addressed 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 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 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 DISTRICT.
VII.
Nothing in this Agreement 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.
X.
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 Truancy Patrol Officer. 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, the undersigned DISTRICT and the CITY hereto execute this
Agreement on this day of , 2008.
GOOSE CREEK CONSOLIDATED CITY OF BAYTOWN, TEXAS
INDEPENDENT SCHOOL DISTRICT
Carl Burg, President of the Stephen H. DonCarlos, Mayor
Board of Trustees
ATTEST: ATTEST:
Ken Martin, Secretary of the Board Kaythie Darnell, City Clerk
of Trustees
\\cobsrvl\Legal\Karen\Files\Contracts\Interlocal AgreementYTruancy Officer Agreement 2008-2010Clean.doc
Agreement for Services of Truancy Patrol Officer. Page 5
Exhibit "B"
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 four (4) 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 1
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.
II.
The DISTRICT agrees to pay to the CITY a sum not to exceed TWO HUNDRED
ELEVEN THOUSAND EIGHT HUNDRED NINETY-ONE-AND 20/100 DOLLARS
($211,891.20) per school year for the assignment of PATROL OFFICERS to the locations
specifically described in Addendum "A." This sum is based on four (4) officers, working eight
hours each day for 178 days in the school year. The total of 5,696 hours is to be reimbursed by
the DISTRICT to the CITY at the rate of $37.20 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 4544 MO, 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 of three (3) school years commencing
August 25, 2008, and ending on the last school day of the 2010-2011 school years. 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 4544 I-10, 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.
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.
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 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 an 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.
Nothing in this Agreement 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.
X.
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
to be consent to any subsequent assignment. An assignment without the written agreement of
Agreement for Services of Patrol Officers. Page 4
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 undersigned DISTRICT and the CITY hereto execute this
Agreement on this day of , 2008.
GOOSE CREEK CONSOLIDATED CITY OF BAYTOWN, TEXAS
INDEPENDENT SCHOOL DISTRICT
Carl Burg, President of the Stephen H. DonCarlos, Mayor
Board of Trustees
ATTEST: ATTEST:
Ken Martin, Secretary of the Board Kaythie Darnell, City Clerk
of Trustees
Agreement for Services of Patrol Officers. Page 5
ADDENDUM "A"
1. LEE HIGH SCHOOL
2809 MARKET STREET
BAYTOWN, TEXAS 77520
2. STERLING HIGH SCHOOL
300 WEST BAKER ROAD
BAYTOWN, TEXAS 77521
3. ALTERNATIVE LEARNING PROGRAM/SCHOOLGUIDANCE CENTER
3922 DECKER DRIVE
BAYTOWN, TEXAS 77521
4. GOOSE CREEK MEMORIAL HIGH SCHOOL
6001 E. WALLISVILLE RD.
BAYTOWN, TX 77521
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Addendum "A." Page Solo