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Ordinance No. 14,664ORDINANCE NO. 14,664 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FOR THE USE OF THE CITY'S GUN RANGE FOR TRAINING AND QUALIFICATION OF ITS SWORN PEACE OFFICERS; 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 to execute and the City Clerk to attest to an Interlocal Agreement with Goose Creek Consolidated Independent School District for the use of the City's gun range for training and qualification of its sworn peace officers. A copy of such agreement is attached hereto as Exhibit "A" and incorporated herein 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 affirmative vote of the City Council of the City of Baytown this the 11 tl, day of February, 2021. y NDON CAPETILL , Mayor ATTEST: BRYSCH, City Clerk APPROVED AS TO FORM: RAKarenHomer\Documents\Files.CityCouncil •Ordinances\202l\February 11 GCCISDGunRangeAgreement.doc Exhibit "A" INTERLOCAL AGREEMENT BETWEEN GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT AND THE CITY OF BAYTOWN (Use of Gun Range) STATE OF TEXAS § COUNTY OF HARRIS § WHEREAS, this Interlocal Agreement (the "Agreement") is made and entered into by and between the Goose Creek Consolidated Independent School District, an independent school district and political subdivision of the State of Texas (the 'District"), acting by and through its Board of Trustees, and the City of Baytown, a municipal corporation located in Harris and Chambers Counties, Texas (the! "City"), acting through its City Council. Collectively the District and the City may be referred to as the 'Parties." W 1TN ESSE TH WHEREAS Chapter 791 of the Texas Goverment Code, as amended, entitled "Interlocal Cooperation Contracts," authorizes contracts between political subdivisions for the performance of governmental functions and services; and WHEREAS, the District is a public school district with campuses located within the jurisdictional boundaries of Hams County where the City presently provides law enforcement services; and WHEREAS, on January 14, 2013, the District's Board of Trustees exercised the authority granted to itunder § 37.081 oftheTexas Education Codeto commission its own peace officers to provide security and protection to its school children and employees; and WHEREAS, the District desires to utilize the City's gun range located at 3703 McLean Road, Baytown, Texas 77521 (the "Gun Range") to train and qualify its twenty-three (23) sworn officers; and WHEREAS, the District is willing to pay the City an annual amount equal to THREE THOUSAND AND NO/100 DOLLARS ($3,000.00) to partially defray the City's costs associated with the Districts use of the Gun Range; and WIJEREAS, the District and the City have each found that contracting for and with respect to the governmental services described herein will result in increased efficiency, economy, and enhanced public safety for the constituents of both entities; NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to both Parties, it is agreed as follows: Qvn Range Amwment. Page 1 ARTICLE 1: SERVICES TO BE PROVIDED 1.1 Subjecttothetennsand conditions herein,theCityagreesthattheDistrid'stwenty-tlm(23)peace officers may utilize the Gun Range for firearms training and qualification ten (10) days per year at tunes agreed to in writing by the City's Chief of Police and the Districts Chief of Police. 1.2 While utilizing the Gun Range as specified in this Article 1, all District peace officers must followthe Cityrs policies, procedures, and general orders ofthe City 's Chiefof Police concerning the use of such facilities, as such policies, procedures and orders now exist or arehereinafter amended 1.3 The Cityrs Chief of Policemay restrict the District's use or access to the Gun Range as necessary to address emergencies, civil disasteror forthe health and safety ofthepublic, the Cityrs officers and facilities, as determined in the sole discretion of the City's Chief of Police. The City will not be in breach of this Agreement and the District's annual costs will be reduced on a prorated basis if a scheduled range day is cancelled and an alternate range day cannot be agreed upon bythe Parties. 1.4 Nothing contained herein shall be construed so as to require the City, for or on behalf of the District, to hire additional personnel or purchase additional equipment, including, but not limited to, radio units and radar equipment. ARTICLE 2: FINANCIAL RESPONSIBILITIES 2.1 The District agrees to make annual payments to the City to partially defray the costs incurred by the City arising from the District's use of the Gun Range as provided in Article 1. Subject to Section 4.5, each such payment shall be in the amount of THREE THOUSAND AND N0/100 DOLLARS ($3,000.00), except as otherwise provided in Article 1. The fast payment is to be paid within thirty (30) days after the execution ofthis Agreement Subsequent annual payments shall be made on or before January 11 of each year. 2.2 The District will pay annual payments to the City out of current revenue funds. Payment shall be made to the City of Baytown, Attention Director of Finance, P.O. Box 424, Baytown, Texas 77522-0424. Late payments will incur interest at the rate specified in Section 2251.025 ofthe Texas Government Code. ARTICLE 3: RELATIONSHIP BETWEEN THE PARTIES 3.1 Notwithstanding any provision to the contrary herein, this Agreement is a contract for and with respect to the performance ofgovemmental functions by governmental entities. The relationship between the District and the City shall, with respect to any service or function undertaken as a result of or pursuant to this Agreement, be that of independent contractors. Dun Rang Al ieement Page 2 3.2 Nothing contained herein shall be deemed or construed by the Parties, or by any third party, as creating the relationship of principal and agent, partners, joint ventures, or any other similar suchrelationchip. 3.3 The Parties agree that the peace officers of the District are employees of the District and are in no: way to be considered employees ofthe City. Similarly, the Parties agree that City employees performing services under this Agreement are employees of the City and are in no way to be considered employees of the District. 3.4 The City shall have no liability whatsoever for or with respect to the actions of, or failure to act by, any employees, subcontractors, agents or assigns of the District. Likewise, the District shall have no liability whatsoever for or with respect to the actions of, or failure to act by, any employees, subcontractors, agents, or assigns of the City. 3.5 By this Agreement, the City does not consent to litigation and expressly revokes any consent to litigation that it may have granted by the terms ofthis Agreement, any charter, or applicable state law. The District hereby releases, relinquishes, and discharges the City, 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 ofthe 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 the facilities, systems, and materials identified in Article 1. 3.6 By this Agreement, the District does not consent to litigation and expressly revokes any consent to litigation that it may have granted by the terms of this Agreement, any charter, or applicable state law. The City hereby releases, relinquishes, and discharges the District, 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 ofthe 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 the! facilities, systems, and materials identified in Article 1. 3.7 It is specifically agreed that, as between the Parties, each party to this Agreement shall be individually and respectively responsible for responding to, dealing with, insuring against, defending, and otherwise handling and managing liability and potential liability pursuant to this Agreement. 3.8 Each party hereto reserves and does not waive any immunity or defense available to it at law or in equity as to any claim or cause of action whatsoever that may arise or result from the services provided and/or any circumstance arising under the Agreement. Neither the District nor the City waives, modifies, or alters to any extent whatsoever the availability ofthe defense of governmental or sovereign immunity under the laws of the State of Texas on behalf of itself, its trustees, council members, officers, employees, and agents. Gun Rang A ement Page 3 3.9 No term or provision of this Agreement shall benefit or obligate any person or entity not a parry to it. This Agreement shall not be interpreted nor construed to give to any third party the right to any claim or cause of action, and neither the City nor the District shall be held legally liable for any claim or cause of action arising pursuant this Agreement, or out of the services provided under, this Agreement except as specifically provided herein or by law. The Parties hereto shall cooperate fully in opposing any attempt by any third person or entity to claim any benefit, protection, release, or other consideration under this Agreement. ARTICLE 4: TERM 4.1 The initial term of this Agreement shall commence on the date the Agreement is fully executed by the parties, and continue through December 31, 2021, and shall be reevaluated for renewal each year, unless amended or terminated by written notice of either party or in accordance with Sections 42 'and 4.3. 42 Ifthe City wishes to renew this Agreement subject to a change in the District's annual payment for use of the Gun Range, the City shall provide the District with written notice of that requested change no later than October 11 of the calendar year prior to the increase. Unless the District notifies the City in writing of its agreement to the change in annual payment by November 1" of such calendar year, the Agreement between the City and the District shall terminate at the end of the term. 4.3 This Agreement may be terminated without cause at any time by either party by giving the other party at least ninety (90) days written notice of its intention to terminate specifying therein the effective date of termination. 4A Any that believes the other has failed to rform in accordance with the terms ofthis Y PAY PAY Pe Agreement shall give written notice of the default to the defaulting party, specifying in detail the provision or provisions of this Agreement that have allegedly been breached and what specific action must be taken to cure or correct the default. Should the party receiving the notice fail to cure the default within thirty (30) days or such longer period as may be allowed by the non - breaching party, the non -breaching party may terminate this Agreement. 4.5 In the event the Agreement is terminated by either party, except for cause by the City, the City shall refund a portion of the annual payment to the District within thirty (30) days of the date of termination. The portion of the annual payment to be refunded shall be calculated on a pro mta basis based upon the number of range days remaining in the tern at the time this Agreement is terminated. Payment shall be made to the District, Attention Executive Director of Support Services, at 45441- 10 East, Baytown, Texas 77520. Late payments will incur interest at the rate specified in Section 22S 1..025 of the Texas Government Code. ARTICLE 5: NOTIFICATIONS 5.1 Unless otherwise designated herein, all correspondence and communications regarding this Agreement shall be directed to: Gun Rang Agwmenr. Page 4 CITY OF BAYTOWN Attn: City Manager P.O. Box 424 Baytown, Texas 77522-0424 GOOSE CREEK CISD Attn: Superintendent of Schools 4544 I-10 East Baytown, Texas 77521 5.2 Notices provided pursuant to this Agreement must be in writing and hand -delivered or sent by United States certified mail, return receipt requested. 5.3 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 ifthe notice otherwise complies with all ofthe requirements set out above. ARTICLE 6: MISCELLANEOUS PROVISIONS 6.1 Time is expressly declared to be of the essence in regard to this Agreement. 6.2 This Agreement shall be governed by and construed in accordance with the laws of the State ofTexas, and venue shall lie in Hams County, Texas, unless otherwise mandated by law. 6.3 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be void, 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 orunenforceable provision had never been contained herein. 6.4 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. Furthermore, this Agreement is not intended to confer any rights, privileges or causes of action upon any third party. 6.5 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 ofthe 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. 6.6 This Agreement represents the entire Agreement between the Parties, and it supersedes any prior understanding or written or oral agreement relating to the subject matter herein. This Agreement may not be modified, altered, changed, or amended, except by written agreement ofthe Parties dated subsequent to the date hereof. 6.7 Neither Party to this Agreement shall assign or otherwise transfer its duties or interests in this Agreement without first obtaining the express 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 ishall be void and shall, at the option of either Party, terminate this Agreement. Gun RanS2 Agreement. Page 5 6.8 This Agreement may be simultaneously executed in several identical counterparts, each of which shall be deemed an original and all of which shall be considered fully executed when all parties have executed an identical counterpart, notwithstanding that all signatures may not appear on the same counterpart. 6.9 By the execution and delivery of this Agreement, the undersigned individuals warrant that they have been duly authorized and empowered by their respective governing bodies to enter into and perform the terms of this Agreement. 6.10 The Parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. IN WITNESS THEREOF, the undersigned Parties hereby execute and attest to this Agreement by their duly authorized officers effective as of January 1, 2021. GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT: RANDAL O' BZEN, Superintendent of Schools ATTEST: (Signature) V sh (Printed Name) AA �LI III • l�l �]�^ � (Title) CITY OF BAYTOWN, TEXAS: RICHARD L. DAVIS, City Manager ATTEST: LETICIA BRYSCH, City Clerk RAKaren Homer\Documents\Files\Contracts\GCCISD Gun Range Agreement\Gun Range Agreement.docx Gun Range A erg ement, Page 6