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CCPD Resolution No. 1Resolution No. 1 A RESOLUTION OF THE BOARD OF DIRECTORS BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT AUTHORIZING THE PRESIDENT TO EXECUTE AND THE SECRETARY TO ATTEST TO AN AGREEMENT FOR JAIL, TRAFFIC AND INVESTIGATION SERVICES AND JAIL AND COMMUNICATIONS IMPROVEMENTS WITH THE CITY OF BAYTOWN, TEXAS; 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 an Agreement for Jail, Traffic and Investigation Services and Jail and Communications Improvements with the City of Baytown, Texas. A copy of said Agreement is attached hereto, marked Exhibit "A," and made a part hereof 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. INTRODUCED, READ and PASSED by the affirmative vote of the Board of Directors of the Baytown Crime Control and Prevention District, this the 14" day of May, 1998. PETE C. ALFARO, President ATTEST: >44.a( X - L}ILEEN P. HALL, Secretary APPROVED AS TO FORM: d6KACIO RAMIREZ, R. General Counsel c:klh&41 Councill CrimeControl& PreventionDistrictl ASreementwCity41ai1 &CommunicationServices.Res AGREEMENT FOR JAIL, TRAFFIC AND INVESTIGATION SERVICES AND JAIL AND COMMUNICATIONS IMPROVEMENTS STATE OF TEXAS § COUNTY OF HARRIS § This Agreement for Jail, Traffic and Investigation Services and Jail and Communications Improvements (the "Agreement ") is made as of the LS day of May, 1998, by and between the CITY OF BAYTOWN, a municipal corporation located in Hams 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: Section 1. Representations and Warranties of District. a) The District is engaged in an on -going effort to provide new resources to not only fight crime and but also provide for capital and equipment needed to enhance the communications /dispatch services as well as the jail facilities in the City. b) The District covenants that it shall actively work to productively coordinate its activities with the City in an effort to reduce duplication of services. C) The District represents and warrants that it has been properly created and is duly authorized pursuant to the Act to enter into this Agreement. 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: a) Traffic Safety Operations. This program will create a traffic division within the City's police department comprised of six police officers with primary responsibility for enhancing traffic safety. The basic functions of these officers will include, but not be limited to, the following: 1) selective traffic enforcement at locations where accidents are most frequent and /or most serious; 2) directed enforcement efforts designed to reduce incidents of drunk driving; EXHIBIT A Agreement for Jail. Traffic and Investieation Services and Jail and Communication Improvements, Page 1 3) enhancing vehicle flow during peak traffic hours; and 4) identification of potential traffic hazards and conduct accident reconstruction involving serious injury or death. b) Investigation Operations. This program will create the following: 1) one full -time detective position in the City's police department designated to investigate incidents involving family violence or violence against women or children. The detective will be responsible for coordinating support services as needed for victims of these crimes; 2) two full -time detective positions in the City's police department designated to investigate crimes committed by juveniles. These detectives shall work closely with the Goose Creek Consolidated Independent School District, the Juvenile Probation Department as well as other youth - related organizations; and 3) one full -time detective position in the City's police department designated to address chronic truancy issues in the local school district. This detective shall work closely with the Goose Creek Consolidated Independent School District, the Juvenile Probation Department as well as other youth- related organizations. c) Jail Operations. This program will create nine new jail personnel positions in the City's police department, thus providing the needed personnel to better manage the current and expanded jail facilities. d) Jail Facility Improvements. This program shall provide the additional resources to be used to expand the jail facility and to ensure compliance with the mandates of the State Jail Commission as well as all other applicable laws and regulations. e) Radio System. This program will provide officers with tools needed to perform their duties efficiently and effectively and will ensure that the equipment will be in compliance with all applicable FCC rules as well as all other laws and regulations. Additionally, this program shall provide additional airtime in order for emergency calls to be handled more efficiently and effectively. Persons filling any of the positions created, in part, by the District's programs mentioned hereinabove shall be employees of the City; and, therefore, subject to the City's personnel policies and procedures and entitled to the benefits offered by the City to other similarly situated employees, as determined by the City in its sole discretion. As such, the City shall be responsible for the supervision and control of such employees. Agreement for Jail. Traffic and Investigation Services and Jail and Communication Improvements, Page 2 Section 3. Program Reports. The City shall prepare and submit to the District within 30 days after the end of each fiscal year during the term of this Agreement a verbal or brief written report describing the services performed by the City pursuant to this contract during the previous year along with a summary of expenditures for the previous fiscal year. Section 4. Changes and Clarifications a) The City understands and agrees that program clarification and/or modifications may be made in writing by the District's Board at any time; provided, that such clarification or modification is neither contrary to the purposes expressed in this Agreement nor contrary to an agreement into which the City has already entered in furtherance of its obligations under this Agreement. As soon as reasonably practicable after the receipt of any such clarification or modification, the City will make the necessary changes to comply. b) Plans and specifications for the jail facility shall be approved by the District or its designee prior to the jail renovation/construction being advertised for bids, and may not be thereafter changed by the District to increase the price unless the District provides additional funds therefor. Likewise once the plans and specifications are approved by the District, the City may not thereafter make changes to the same which would increase the construction price unless the City provides the necessary funds therefor and the City has obtained the approval of the District. Section 5. 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 following funds to the City in the amounts and for the programs hereinbelow listed: Description of Expenditure Year I Year 2 Year 3 Year 4 Year 5 Operations Jail Operations -- $381,100 $381,100 $381,100 $381,100 Traffic Safety $241,867 $256,104 $264,576 $274,150 $283,213 Investigation $158,246 $159,260 $164,909 $170,931 $176,974 Capital Outlay Jail Facility 1 $217,390 1 $434,780 1 $434,780 $434,780 $434,780 Radio System 1 $158,615 1 $439,230 1 $439,230 $439,230 $439,230 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.- Aereement for Jail. Traffic and Investigation Services and Jail and Communication Improvements, Page 3 Section 6. Term. This Agreement shall be effective for a period commencing on the date first mentioned above, and ending five years after the date the District first levies taxes for District purposes, unless sooner terminated by either party hereto pursuant to the terms hereof. Section 7. Termination for Cause. A party may terminate its performance under this contract only upon default by the other party. Default by a party shall occur if the party fails to perform or observe any of the terms and conditions of this Agreement required to be performed or observed by that party. Should such a default occur, the party against whom the default has occurred shall have the right to terminate all or part of its obligations under this contract as of the 30"' day following the receipt by the defaulting party of a notice describing such default and intended termination, provided: (1) such termination shall be ineffective if within said 30 -day period the defaulting party cures the default, or (2) such termination may be stayed, at the sole option of the party against whom the default has occurred, pending cure of the default. Upon the termination of this Agreement, both parties shall be relieved of their respective obligations herein stated. This Agreement shall not be subject to termination for convenience. Section 8. Force Majeure. Any prevention, delay, nonperformance, or stoppage due to any of the following causes shall excuse nonperformance for the period of any such prevention, delay, nonperformance, or stoppage, except the obligations imposed by this Agreement for the payment of funds allocated for the District's programs. The causes referred to above are strikes, lockouts, labor disputes, failure of power, acts of God, acts of public enemies of this State or of the United States, riots, insurrections, civil commotion, inability to obtain labor or materials or reasonable substitutes for either, governmental restrictions or regulations or controls, casualties or other causes beyond the reasonable control of the party obligated to perform. Section 9. Refund and Payment upon Termination. Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured default by the City, the City hereby agrees to refund all unexpended, unappropriated monies previously paid by the District to the City pursuant to this Agreement. If at the time of termination the District owes the City monies, the District shall remit to the City the appropriate amount computed as of the effective date of the termination. Agreement for Jail, Traffic and Investir,ation Services and Jail and Communication Improvements, Page 4 Section 10. Parties in Interest. This contract shall bind and benefit the City and the Association and shall not bestow any rights upon any third parties. Section 11. Non - waiver. 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. Section 12. Compliance with Applicable Laws. The parties hereto shall comply with all rules, regulations, and laws of the United States of America, the State of Texas, and all laws, regulations, and ordinances of the City of Baytown as they now exist or may hereafter be enacted or amended. Section 13. Choice of Law; Venue. This contract is subject to and shall be construed in accordance with the laws of the State of Texas, the laws of the federal goverment of the United States of America and all rules and regulations of any regulatory body or officer having jurisdiction. This contract is performable in Harris County, Texas. Section 14. Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: District Baytown Crime Control and Prevention District Attn: President, Board of Directors P.O. Box 424 Baytown, TX 77522 Fax: (281) 420 -6586 Agreement for Jail, Traffic and lnvestieation Services and Jail and Communication Improvements, Page 5 city City of Baytown Attn: City Manager P. 0. Box 424 Baytown, Texas 77522 -0424 Fax: (281) 420 -6586 Section 15. Audits. The City and the District may, at any reasonable time, conduct or cause to be conducted an audit of the other parties' records and financial transactions. The cost of said audit will be bome by the entity requesting the audit. The City and the District shall make available all of its records in support of the audit. Section 16. Ambiguities. 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. Section 17. Captions. The captions of the sections and subsections, if any, of this Agreement are for convenience and ease of reference only and do not define, limit, augment or describe the scope, content or intent of this Agreement or of any part or parts of this Agreement. Section 18. Entire Agreement. This Agreement contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. Any oral representations or modifications concerning this instrument are of no force or effect excepting a subsequent modification in writing signed by all the parties hereto. Section 19. Assignment or Transfer of Rights or Obligations. The City shall not sell, assign, or transfer any of its rights or obligations under this Agreement in whole or in part without prior written prior consent of the District. Agreement for Jail. Traffic and Investigation Services and Jail and Communication Immovements, Page 6 t, Section 20. Severability. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. Section 21. Authority. The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he /she represents. IN WITNESS WHEREOF, the parties have made and executed this contract in multiple copies, each of which shall be an original. CITY OF BAYTOWN /ja PETE C. ALFARO, Mayor ATTEST: EILEEN P. HALL, City Clerk BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT /.'* PETE C. ALFARO, President ATTEST: EILEEN P. HALL, Secretary c:kIW\ Council\ CrimcControl& PrcvntionUistrict\ Agrccmcn14JailRCommunicationScry iccs.Clcan051198 Agreement for Jail, Traffic and Investipation Services and Jail and Communication Improvements, Page 7