Loading...
CCPD Resolution No. 3 RESOLUTION NO.3 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 AN INTERLOCAL AGREEMENT FOR PATROL OFFICERS, VEHICLES AND EQUIPMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. it#ti+trtirtWWWWWWWrtrtrtrtrtrtrtrt#rtrtrt####44#tt+i4#ti44+i#+tii#t++rtt#4i##t+rt#rt##W##+#rti BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT: Section l: 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 Patrol Officers, Vehicles and Equipment. A copy of such agreement 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. INTRODUCED, READ and PASSED by the affirmative vote of the Board of Directors of the Baytown Crime Control and Prevention District this the 23rd day of August, 2006. r A- CARL B ANDON, President LORRI Y, Secretary APPROVED AS TO FORM: e1rN4?� ACIO RAMIREZ, SROGeneral Counsel r K.0 WilcWily CoumilCome Conuol&Pmvcntiun DkinctUU0 u6wt I3Vncn1rc140RcmAm AGREEMENT FOR PATROL OFFICERS, VEHICLES AND EQUIPMENT STATE OF TEXAS § COUNTY OF HARRIS § This Agreement for Patrol Officers,Vehicles and Equipment(the"Agreement") is made as of the day of August, 2006, 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: Section 1. Representations and Warranties of District. a) The District is engaged in an on-going effort to provide new resources to fight crime and enhance public safety throughout 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) Public Safety Operations. This program will employ fourteen new entry-level patrol officers during the first year of the Agreement and will enable the Chief of Police to assign his more senior officers to specialized public safety operations. This program thereafter will maintain such positions created. b) Supplies. This program will supply the fourteen new officers with uniform issue and body armor vests in year 1 of the Agreement . c) Motor Vehicles. This program shall also provide resources necessary to procure full-size police vehicles necessitated by the public safety operations specified hereinabove. EXHIBIT A Agreement for Patrol Officers.Vehicles and Equipment.Page I d) Mobile Data Terminal Program. 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. e) Administration. This program will provide reimbursement for a portion of the costs incurred by the City in administering the crime control and prevention programs. 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. 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. 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 EXpeilditure Year 1* Year 2* Year 3* Year 4* Yea r 5* Operations Public Safety Operations $553,358 $763,633 $790,361 $818,023 $846,654 Supplies $19,600 -- -- --Capital Outlay Motor Vehicles $120,000 $74,520 $77,128 $79,828 $82,622 Mobile Data Terminal Pro ram $48 500 $50,198 $51,954 $53 773 $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. Agreement for Patrol Officers.Vehicles and Equipment.Page 2 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. Section 5. Term. This Agreement shall be effective for a period commencing on October 1,2006,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 or unless the District is dissolved prior to such time. Section 6. 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`h 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 7. 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. Agreement for Patrol Officers.Vehicles and Equipment.Page 3 Section 8. 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. Section 9. Parties in Interest. This contract shall bind and benefit the City and the District and shall not bestow any rights upon any third parties. Section 10. 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 11. 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 12. 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 government 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 13. 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: Agreement for Patrol Officers.Vehicles and Equipment.Page 4 District Baytown Crime Control and Prevention District Attn: President, Board of Directors P.O. Box 424 Baytown, TX 77522 Fax: (281)420-6586 CY City of Baytown Attn: City Manager P. O. Box 424 Baytown, Texas 77522-0424 Fax: (281)420-6586 Section 14. 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 borne by the entity requesting the audit. The City and the District shall make available all of its records in support of the audit. Section 15. 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 16. 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 17. 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. Agreement for Patrol Officers.Vehicles and Equipment.Page 5 Section 18. 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. Section 19. 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 20. 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 BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT STEPHEN H. DONCARLOS, Mayor CARL BRANDON, President ATTEST: ATTEST: LORRI COODY, City Clerk LORRI COODY, Secretary R:\Karcn\Fites\City Council\Crime Control&Prevention District\2006\Contracts\Agrcement40Cficers.doc Agreement for Patrol Officers.Vehicles and Equipment.Page 6