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CCPD Resolution No. 4 1st Amend to Agreement 4 Patrol Officers Vehicles & Equip RESOLUTION NO. 4 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT AUTHORIZING AND DIRECTING THE PRESIDENT TO EXECUTE AND THE SECRETARY TO ATTEST TO THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT FOR PATROL OFFICERS, VEHICLES AND EQUIPMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT: Section 1: That the Board of Directors of the Baytown Crime Control and Prevention District hereby authorizes and directs the President to execute and the Secretary to attest to the First Amendment to the Agreement for Patrol Officers, Vehicles and Equipment. A copy of such amendment is attached hereto as Exhibit "A" and is incorporated herein for all intents and purposes. Section 2: This resolution shall take effect immediately from and after its passage by the Board of Directors of the Baytown Crime Control and Prevention District. JNTRODUCED, READ and PASSED by the affirmative vote of the Board of Directors of the B3 tewn Crime Control and Prevention District this the 29'h day of May, 2007. CARL BRANDON, President ATT�EST LORRI COODY, cretary APPROVED AS TO FORM: ACIORRA41IREZ,�SR, eral Counsel R:\Karen\Files\City CounciNCrime Control&Prevention District\Resolutions\Amendment2lnterlocal40ffiicers.doe FIRST AMENDMENT TO THE AGREEMENT FOR PATROL OFFICERS, VEHICLES AND EQUIPMENT STATE OF TEXAS § COUNTY OF HARRIS § This First Amendment("First Amendment")to the Agreement for Patrol Officers,Vehicles and Equipment(the"Agreement")is made 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") on the date hereinafter last specified. WITNESSETH: WHEREAS,the City and the District entered into the Agreement on the 23'd day of August 2006; and WHEREAS,the City and the District desire to change the public safety operations program to reprogram one of the patrol officer positions to a sergeant position; 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 Amendment shall have the same meanings as in the Agreement. 2. Amendments. a. The Public Safety Operations Program as defined in Section 2(a)of the Agreement is hereby amended to read as follows: a) Public Safety Operations. This program will (1) employ fourteen new entry-level patrol officers and (2) reprogram one of the patrol officer positions to that of sergeant,thus creating a new sergeant's position during the first year of the Agreement to enable the Chief of Police to assign his more senior officers to specialized public safety operations. This program thereafter will maintain these positions. First Amendment to the Agreement fo U=1 A Patrol Officers.Vehicles and Equipment.Page 1 b. Section 4 of the Agreement is amended to read as follows: Section 4. Funds to be provided by the District. For and in consideration of the services to be provided by the City in furtherance of the District's programs listed in Section 2, the District shall provide the funds to the City for the actual costs of such programs for each year of the Agreement. It is estimated that such costs shall be as follows: Description of Expenditure Year V` Year 2* Year Y`-- Ye a r 4"' Vear 5-`M1 Operations Public Safety Operations Patrol Officers $477 407 $709 088 $733 907 $759 593 $786 179 Sergeant $ 28,251 $ 85,000 $ 85,000 $ 85,000 $ 85,000 Su lies $ 19 600 -- -- -- -- Travel&Education $ 4,200 1 -- I -- Capital Outlay Motor Vehicles $163 500 $74 520 $77 128 $79 828 $82 622 Mobile Data Terminal Pro $48 500 $50198 $51 954 $53 773 1 $55 655 Transfers Administration -- $10 000 $10 350 $10 712 $11 087 *These are estimates only. Expenditures will be budgeted on an annual basis and the District shall be responsible for the actual program costs. Unless otherwise provided,all payments required to be made herein shall be payable on or before 30 days after the District receives the sales and use tax levied pursuant to the provisions of the Act from the State comptroller. While the District receives such funds from the State on a quarterly basis, the District's obligations under this Agreement are on a yearly basis. As such,any funds received by the District during an agreement year and/or any prior year shall be applied to the actual expenses incurred during each year, regardless of when they are received. The City understands and agrees that the District's obligation for payment under this Agreement shall at no time exceed the amount of sales and use tax revenue received by the District in any agreement year. If adequate funds are not received,the District shall have the obligation to pay the revenues actually received and the City shall be obligated to expend only to the extent that such revenues cover the programs enumerated hereinabove. 3. Conflicts. 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 of this First Amendment and the provisions of the Agreement,the provisions of this First Amendment shall control. First Amendment to the Agreement for Patrol Officers Vehicles and Eguiyment.Page 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiple copies,each of which shall be deemed to be an original,but all of which shall constitute but one and the same amendment,this day of June,2007. CITY OF BAYTOWN BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT 6 V Aer'vei ee:sz�� STEPHEN H. DONCARLOS, Mayor CARL BRADON, President ATTEST: ATTEST: LORRI GOODY, City Clerk LORRI COODY, Secretary R:\Karen\Files\City Council\Crime Control&Prevention District\2007\Contracts\Amendment2Agreement40fficers.doc First Amendment to the Agreement for Patrol Officers.Vehicles and Equipment.Page 3