Ordinance No. 12,264ORDINANCE NO. 12,264
AN ORDINANCL", 01"I'l-111" CITY COUNCIL OFTI]E(LAITY 01"BAYTOWN, TEXAS,
AUTHORIZING AN1FNDMI--',NTN0. 6TOTHEIN AGREEM]"NTWITH
HARRIS COUNTY FOR CIRCULATOR B(JS SFRVICF IN THE' (-,"ITY OF
BAYTOWN; AUTHORIZING PAYMENT TO HARRIS ('01JNTY IN AN AMOUNT
NOT TO EXCEFDTWO IJUNDRED "YENT1,101 )SAND FOUR I-JUNDRF,DTHlRTY-
SIX AND NO/100 DOLLARS ($210,436,00); MAKING OTHER PROVISIONS
AND PROVIDING F'ORTI IF, F'T FTCTIV F DATFTHERF`01`.
111"ITORDAINED BYTJ II; CITY COUNCIL, OFTH F.' Cl']')'()I" 'i3AN,"I"O\VN."]'I-"Xi\S:
Section I: '["flat the City Council of City of'B,ay,t0%%,n,Tcxas, hereby authorizes the CiiN!
MMI,Igei- 10 MCLIte Amendment No. 6 to the Interlocal Agreement with Harris (,ounty for Circulator Bus
Service in the City of Baytown. A copy of" said amendment is attached hereto as Exhibit 'A" and
incorporated herein For all intents and purposes,
Section 2: That the City (°ouncil of the City of Baytown authorizes, payment to Harris
County in an amount not to exceed TWO HU NDRE" D'I"I"N TI IOUSAN 1'.) F(W R 1-1 UN DRE'D TH I RTY-
SIX AND NO/100 DOLLARS ($210,436.00) l'or circulator bus services in accordance with tile
iiiiietidiiieiit,.ttitli(ii-ized in Section I hereinabove.
Scclion 3: That (lie City Nlatiager is hereby grantcd gcsieral authority, to approve a decrease
or an increase ill costs by 1`11" 1.Y 'Y] IO(JSANE) AND NC) /I00 DOLLARS (550,000.00) or less, provided
that the anlount authorized in Section 2 hereof imay not be increased by more than twenty-five percent
(25`1`10.
Section 4: This ordinance shall take effect imme(kately 1rom and after its pass'age by the
Cit.), Council of the City offlaytown.
INTRODU(IIED, RF,1AD and PASSED by the aft"irmative vot the City Council of` the City of
Baytown this the 13"' day, of June., 2013,
APPROVI",J) AS "I FORM:
A
sl ., it j nonley
ACIO RAMIlm
(I
31,lune 9
S'j4-"Pill','N44--ffONCA]'�l-OS, Mayor
Exhibit "A"
AMENDMENT NO.6 TO INTERLOCAL AGREEMENT
FOR CIRCULATOR BUS SERVICE
IN CITY OF BAYTOWN
THE STATE OF TEXAS
COUNTY OF HARRIS
This Amendment is made and entered into pursuant to Chapter 791 of the Texas
Government Code by and between Harris County, Texas, a body corporate and politic under the
laws of the State of Texas, herein after called the "County" and the City of Baytown, a home -
rule city under the laws of the State of Texas, hereinafter called "Baytown." Each a "Party" to
this Amendment and collectively referred to as the "Parties."
WITNESSETH
On or about July 8, 2008, Baytown and the County entered into an agreement
regarding the provision of fixed route bus services in the City of Baytown for a term of one year;
and
On or about June 23, 2009, the Parties entered into Amendment No. 1 to the Agreement
to provide for continuation of the service for an additional year;
On or about September 29, 2009, the Parties entered into Amendment No. 2 to the
Agreement to provide for a third fixed route under the Agreement and to provide for funding
such third route; and
On or about June 22, 2010, the Parties entered into Amendment No. 3 to the Agreement
to extend the term of the Agreement through July 8, 2011, provide for funding during such
extension, and to provide for trash removal for shelters by the City beginning in the third year of
the Agreement;
On or about June 21, 2011, the Parties entered into Amendment No. 4 to the Agreement
to extend the term of the Agreement through July 8, 2012 and to provide for funding during such
extension; and
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On or about September 25, 2012, the Parties entered into Amendment No. 5 to the
Agreement to extend the term of the Agreement through July 8, 2013 and to provide for funding
during such extension; and
The parties now desire to enter into this amendment to extend the term of the Agreement
through July 8, 2014 and to provide for funding during such extension;
For and in consideration of the mutual covenants, agreements and benefits to the Parties
herein named, it is agreed as follows:
Section 2.4 of the Agreement, reading:
2.4 The City of Baytown will provide all required Local Operating Funds for
the cost of the service during the term of this Agreement, up to a maximum of
$601,947.06. Baytown shall send $75,000.00 to the County for use in paying its
obligations to provide Local Operating Funds within 15 days of the effective date
of this agreement. Baytown shall send an additional $75,000.00 to the County for
use in paying its obligations to provide Local Operating Funds on or before July
15, 2009. Baytown shall send an additional $23,000.00 to the County for use in
paying its obligations to provide Local Operating Funds on or before October 15,
2009. Baytown shall send an additional $95,371.06 to the County for use in
paying its obligations to provide Local Operating Funds on or before July 15,
2010. Baytown shall send an additional $123,140 to the County for use in paying
its obligations to provide Local Operating Funds on or before July 15, 2011.
Baytown shall send an additional $210,436.00 to the County for use in paying its
obligations to provide Local Operating Funds on or before July 15, 2012. The
funds will be maintained in a special reserve account.
Beginning on July 15, 2010, Baytown shall provide trash pick -up at the bus
shelters serving the routes under this Agreement. Baytown shall be responsible
for emptying trash cans and cleaning the area around each shelter at least once per
2
week through use of one or more employees. During each one year period,
beginning July 15, 2010, Harris County will reimburse Baytown, in accordance
with this paragraph, up to $15,666.00, to the extent such funds are available for
use from Grant funds and from funds received from Baytown and or others as
contributions towards Local Operation Funds. Within thirty (30) days of receipt
of a detailed statement and supporting documentation as required herein, the
County shall reimburse Baytown the Reimbursable Cost, as defined below, for
such services, subject to the above limitation. At the close of each month in
which services are provided, but not later than the fifth (5`h) working day
following such month, Baytown shall provide Harris County with a detailed
statement in a form reasonably acceptable to the Harris County Auditor of the
Reimbursable Cost incurred in providing such services during the previous
month, including supporting documentation, which documentation may include,
but not limited to invoices, and detailed payroll records. The detailed statement
shall be certified in writing to be true and correct. "Reimbursable Cost," as used
in this paragraph, means salaries and wages paid for time actually worked and
employer contributions for F.I.C.A. and Workers Compensation, and shall not
include sick leave, vacations, holidays, retirement, or other insurance or employee
benefits, similar or dissimilar.
is amended to read:
2.4 The City of Baytown will provide all required Local Operating Funds for
the cost of the service during the term of this Agreement, up to a maximum of
$812,383.06. Baytown shall send $75,000.00 to the County for use in paying its
obligations to provide Local Operating Funds within 15 days of the effective date
of this agreement. Baytown shall send an additional $75,000.00 to the County for
use in paying its obligations to provide Local Operating Funds on or before July
15, 2009. Baytown shall send an additional $23,000.00 to the County for use in
paying its obligations to provide Local Operating Funds on or before October 15,
3
2009. Baytown shall send an additional $95,371.06 to the County for use in
paying its obligations to provide Local Operating Funds on or before July 15,
2010. Baytown shall send an additional $123,140 to the County for use in paying
its obligations to provide Local Operating Funds on or before July 15, 2011.
Baytown shall send an additional $210,436.00 to the County for use in paying its
obligations to provide Local Operating Funds on or before July 15, 2012.
Baytown shall send an additional $210,436.00 to the County for use in paying its
obligations to provide Local Operating Funds on or before July 15, 2013. The
funds will be maintained in a special reserve account.
Beginning on July 15, 2010, Baytown shall provide trash pick -up at the bus
shelters serving the routes under this Agreement. Baytown shall be responsible
for emptying trash cans and cleaning the area around each shelter at least once per
week through use of one or more employees. During each one year period,
beginning July 15, 2010, Harris County will reimburse Baytown, in accordance
with this paragraph, up to $15,666.00, to the extent such funds are available for
use from Grant funds and from funds received from Baytown and or others as
contributions towards Local Operation Funds. Within thirty (30) days of receipt
of a detailed statement and supporting documentation as required herein, the
County shall reimburse Baytown the Reimbursable Cost, as defined below, for
such services, subject to the above limitation. At the close of each month in
which services are provided, but not later than the fifth (5`h) working day
following such month, Baytown shall provide Harris County with a detailed
statement in a form reasonably acceptable to the Harris County Auditor of the
Reimbursable Cost incurred in providing such services during the previous
month, including supporting documentation, which documentation may include,
but not limited to invoices, and detailed payroll records. The detailed statement
shall be certified in writing to be true and correct. "Reimbursable Cost," as used
in this paragraph, means salaries and wages paid for time actually worked and
employer contributions for F.I.C.A. and Workers Compensation, and shall not
4
include sick leave, vacations, holidays, retirement, or other insurance or employee
benefits, similar or dissimilar.
Article 6 of the Agreement, reading:
Unless terminated sooner as set forth above, the term of this Agreement
shall begin on July 8, 2008 and terminate at the end of the day on July 8, 2011
Any funds provided by the City remaining at the expiration of this Agreement
shall be refunded to the City within thirty (30) days of such expiration.
is amended to read:
Unless terminated sooner as set forth above, the term of this Agreement
shall begin on July 8, 2008 and terminate at the end of the day on July 8, 2014.
Any funds provided by the City remaining at the expiration of this Agreement
shall be refunded to the City within thirty (30) days of such expiration.
5
IN TESTIMONY OF WHICH, this Amendment, in duplicate originals, each having equal force,
has been executed on behalf of the parties hereto as follows:
a. It has on , been executed on behalf of the County by David
Turkel, Director of the County Community Services Department, pursuant to order of the County
Commissioners Court authorizing such execution.
b. It has on , been executed on behalf of the City of Baytown by
, and attested by its Secretary, pursuant to
authorizing such execution.
HARRIS COUNTY
David B. Turkel
Director of Harris County Community
Services Department
APPROVED AS TO FORM:
VINCE RYAN,
Harris County Attorney
Assistant County Attorney
Trevor Smith
C.A. File No. 13GEN0762
ATTEST
Name:
CITY OF BAYTOWN
:A
Name:
City Clerk Title:
0
ORDER OF COMMISSIONERS COURT
Authorizing Amendment No. 6 to Agreement
With the City of Baytown for Fixed Route Bus Service
The Commissioners Court of Harris County, Texas, met in regular session at its regular
term at the Harris County Administration Building in the City of Houston, Texas, on
, with all members present except
A quorum was present. Among other business, the following was transacted:
ORDER AUTHORIZING AMENDMENT NO.6 TO AGREEMENT WITH
THE CITY OF BAYTOWN FOR A FIXED ROUTE BUS SERVICE WITHIN
THE CITY OF BAYTOWN
Commissioner
Commissioners Court adopt the order
motion for adoption of the order.
prevailed by the following vote:
Commissioner
introduced an order and moved that
seconded the
The motion, carrying with it the adoption of the order,
Judge Ed Emmett
Comm. El Franco Lee
Comm. Jack Morman
Comm. Steve Radack
Comm. R. Jack Cagle
Yes
No
Abstain
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The County Judge thereupon announced that the motion had duly and lawfully carried
and that the order had been duly and law -fully adopted. The order thus adopted follows:
IT IS ORDERED that:
1. The Director of the Harris County Community Services Department is authorized
to execute for and on behalf of Harris County, Amendment No. 6 to an Agreement with
the City of Baytown regarding Fixed Route Bus Service within the City of Baytown. The
Amendment is incorporated by reference and made a part of this order for all intents and
purposes as thought set out in full word for word.
2. All Harris County officials and employees are authorized to do any and all things
necessary or convenient to accomplish the purposes of this order.
C.A. File No. 13GEN0762