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Ordinance No. 12,355ORDINANCE NO. 12,355 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 THE GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT TO ALLOW ITS PEACE OFFICERS TO USE CERTAIN LAW ENFORCEMENT FACILITIES, SYSTEMS AND MATERIALS OF THE CITY OF BAYTOWN; 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 the Goose Creek Consolidated Independent School District to allow its peace officers to use certain law enforcement facilities, systems and materials of the City of Baytown. A copy of said 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 the City Council of the City of Baytown this the 12th day of September, 2013. DONCARLOS, �r ATTEST: _7o .4 MS t., I APPROVED AS TO FORM: ACID RAMIREZ, SR., C' Attorney R1 Karen\ Fi1es \City CouncihOrdinances\2013 \September 12\ lnlerlocalwithGCCISDReLawEnf orcementFacilitiesEquipmentMaterials .doc Exhibit "A" INTERLOCAL AGREEMENT BETWEEN GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT AND THE CITY OF BAYTOWN STATE OF TEXAS § COUNTY OF HARRIS § WHEREAS, this Interlocal Cooperation 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 "), 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." WITNESSETH WHEREAS Chapter 791 of the Texas Government 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 Harris 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 it under § 37.081 of the Texas Education Code to commission its own peace officers to provide security and protection to its school children and employees; and WHEREAS, the District desires to utilize (i) the City's jail facilities to book persons arrested by the District's Police Department; (ii) the City's property room to properly submit evidence to be heard in a court of law; (iii) the City's police reporting system; and (iv) the City's ticket books for the issuance of citations for Class C Misdemeanors; and WHEREAS, the District is willing to pay the City an amount equal to FIVE THOUSAND AND NO /100 DOLLARS ($5,000.00) to partially defray the City's costs associated with the District's use of the City's facilities, systems, and materials; and WHEREAS, 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: Interlocal Agreement between GCCISD & City Page I of 6 ARTICLE 1: SERVICES TO BE PROVIDED 1.1 Subject to the terms and conditions herein, the City agrees that the District's peace officers may utilize: (a) the City's jail facilities to book persons arrested by the District's Police Department within the corporate limits of the City; (b) the City's property room to properly secure evidence to be heard in a court of law; (c) the City's police reporting system; and (d) the City's ticket books for the issuance of citations for Class C Misdemeanors within the corporate limits of the City. 1.2 While utilizing the facilities, systems, and materials of the City as specified in this Article 1, all District peace officers must follow the City's policies, procedures, and general orders of the City's Chief of Police concerning the use of such facilities, systems, and materials, as such policies, procedures and orders now exist or are hereinafter amended. 1.3 The City's Chief of Police may restrict the District's use or access to the City's facilities, systems, or materials as necessary to address emergencies, civil disaster or for the health and safety of the public, the City's 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 will not be billed for any costs during the time the City's facilities, systems, or materials are unavailable for the District's use. 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. 1.5 To the extent permitted and necessary to effectuate the services provided by the District's Police Department and subject to Section 3. 1, the City authorizes the District to engage in law enforcement activities within the jurisdictional boundaries of the City of Baytown. 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 City facilities, systems, and materials as provided in Article 1. Subject to Section 4.5, each such payment shall be in the amount of FIVE THOUSAND AND NO /100 DOLLARS ($5,000.00). The first payment is to be paid within thirty (30) days after the execution of this Agreement. Subsequent annual payments shall be made on or before September I" 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 of the Texas Government Code. Interlocal Agreement between GCCISD & City Page 2 of 6 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 of governmental 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. 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 venturers, or any other similar such relationship. 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 of the 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 Goose Creek CISD. In turn, Goose Creek CISD 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 of this 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 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 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 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 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 Interlocal Agreement between GCCISD & City Page 3 of 6 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 Goose Creek CISD nor the City waive, modify, or alter to any extent whatsoever the availability of the 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. 3.9 No term or provision of this Agreement shall benefit or obligate any person or entity not a party 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 to, 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. F.V91404 11 By, M 131 "IF I 4.1 The initial term of this Agreement shall commence on the date the Agreement is fully executed by the parties, and continue through July 31, 2014, and shall automatically renew for an annual term commencing on August I" thereafter, unless terminated earlier in writing by either party or in accordance with Section 4.2. 4.2 If the City wishes to renew this Agreement subject to a change in the District's annual payment for facilities, systems, and materials, the City shall provide the District with written notice of that requested change, no later than June I" of the calendar year. Unless the District notifies the City in writing of its agreement to the change in annual payment by June 301h of the 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. 4.4 Any party that believes the other party has failed to perform in accordance with the terms of this 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 parry, 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 Interlocal Agreement between GCCISD & City Page 4 of 6 5.1 5.2 calculated by multiplying the annual payment for the term in which the Agreement is terminated times 1/12 times the number of full months remaining in the tern in which this Agreement is terminated. Payment shall be made to the District, Attention Executive Director of Support Services, at 4544 I -10 East, Baytown, Texas 77520. Late payments will incur interest at the rate specified in Section 2251.025 of the Texas Government Code. ARTICLE 5: NOTIFICATIONS Unless otherwise designated herein, all correspondence and communications regarding this Agreement shall be directed to: 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 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 if the notice otherwise complies with all of the 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 of Texas, and venue shall lie in Harris 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 or unenforceable 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 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. Interlocal Agreement between GCCISD & City Page 5 of 6 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 of the 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 shall be void and shall, at the option of either Party, terminate this Agreement. 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 September 2013. GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT: Daniel Blackford, President Board of Trustees ATTEST: Agustin Loredo, Secretary Board of Trustees R: \Karen \Files \Contracts\Interlocal Agreement\Interlocal v5.docx CITY OF BAYTOWN, TEXAS: Stephen H. DonCarlos, Mayor ATTEST: Leticia Brysch, City Clerk Interlocal Agreement between GCCISD & City Page 6 of 6