Ordinance No. 11,926ORDINANCE NO. 11,926
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 THE FIRST AMENDMENT TO
THE 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 the First Amendment to the
Agreement for Patrol Officers, Vehicles and Equipment with the Baytown Crime Control and
Prevention District. 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
City of Baytown this the 12`h day of April, 2012.
ATT
0
APPROVED AS TO FORM:
-i..
of the City Council of the
H. DONCARLOS,
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Exhibit "A"
FIRST AMENDMENT
TO
THE AGREEMENT FOR PATROL OFFICERS, VEHICLES AND
EQUIPMENT
STATE OF TEXAS §
COUNTY OF HARRIS §
This First Amendment to the Agreement for Patrol Officers, Vehicles and Equipment (the "First
Amendment ") is made as of the day of April, 2012, 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:
WITNESSETH:
WHEREAS, on the 8th day of December, 2011, the City Council authorized the Agreement for Patrol
Officers, Vehicles and Equipment (the "Agreement ") with the District; and
WHEREAS, on the l 9th day of January, 2012, the Board of Directors of the District authorized the
Agreement with the City; and
WHEREAS, because of the savings realized in the Mobile Data Terminal Program, the Police
Department recommends that the program be broadened to include other machinery and equipment needed by
the department to continue providing great public safety; and
WHEREAS, the Police Department wishes to procure other machinery and equipment, including dual
band radars to be used in the new seven (7) patrol vehicles in furtherance of the District's crime control
strategies; and
WHEREAS, the District and the City are amenable to expanding the Mobile Data Terminal Program
into a Machinery and Equipment Program, wherein both mobile data terminals and other related equipment
may be purchased;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained, the parties hereto do hereby mutually agree as follows:
1. Definitions. Unless a different meaning clearly appears from the context, words and phrases as used
in this First Amendment shall have the same meanings as in the Agreement.
2. Amendment. Section 2 "Description of Programs" subsection (d) "Mobile Data Terminal Program" of
the Agreement is hereby amended to read as follows:
Section 2. Description of Programs.
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:
First Amendment to the Agreement for
Patrol officers, Venteles ancl Eguipment, Page 1
d) Machinery and Equipment. 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. This program will also make available other machinery and
equipment needed by the Police Department to further the District's crime control and crime
prevention strategies.
3. Interpretation. The provisions of this First Amendment and the provisions of the Agreement should be
read together and construed as one agreement provided that, in the event of any conflict or
inconsistency between the provisions therein, the order of priority of documents shall be this First
Amendment and then the Agreement. Nothing contained in this First Amendment or in the
Agreement shall be construed in any way to limit or to waive the immunities of either party hereto.
4. Non - Waiver; Release. By this Amendment, the parties do not consent to litigation or suit, and the
parties hereby expressly revoke any consent to litigation that either may have granted by the terms of
this First Amendment or any other contract or agreement, any charter, or applicable state law. The
parties hereby release, relinquish and discharge the other party along with its officers, agents, and
employees from all claims, demands, and causes of action of every kind and character, including the
cost of defense thereof, for any injury to or death of any person (whether they be either of the parties
hereto, their employees, or other third parties) and any loss of or damage to property (whether the
property be that of either of the parties hereto, their employees, or other third parties) that is caused by
or alleged to be caused by, arising out of, or in connection with this First Amendment or the
Agreement regardless of whether said claims, demands, and causes of action are covered in whole or
in part by insurance.
5. AuthqLay. The officers executing this First Amendment on behalf of the parties hereby confirm that
such officers have full authority to execute this amendment and to bind the party he/she represents.
6. Effective Date. The effective date of this Amendment shall be April 12, 2012.
IN WITNESS HEREOF, the parties have executed this agreement in duplicate originals at Baytown,
Harris County, Texas.
CITY OF BAYTOWN
STEPHEN H. DONCARLOS, Mayor
ATTEST:
LETICIA BRYSCH, City Clerk
BAYTOWN CRIME CONTROL AND
PREVENTION DISTRICT
RIKKI WHEELER, President
ATTEST:
LETICIA BRYSCH, Secretary
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First Amendment to the A eement for
Patrol cers, Vehicles and hquil?ment. Page 2