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CCPD Resolution No. 7 RESOLUTION NO. 7 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 SECOND 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 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 the Second 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 front 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 16" day of October, 2007. CARL BRANDON, President qT: C(J DY, Secretary APPROVED AS TO FORM: 116Ns� ACIO RAMIREZ, SR., Ctyal Counsel f N]Kw¢.'Rk,101y Comml&Pmvmtiun Oiurici cs lutionsUMO 2ndAmendment2lmerlmal4011icrr.dm ................ ' l ......... 1 SECOND AMENDMENT TO THE AGREEMENT FOR PATROL OFFICERS, VEHICLES AND EQUIPMENT STATE OF TEXAS § COUNTY OF HARRIS § This Second Amendment ("Second 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, in the First Amendment to the Agreement which was executed on June 27, 2007,the City and the District changed the public safety operations program to reprogram one of the patrol officer positions to a sergeant position (the "First Amendment"); and WHEREAS, the City and the District now desire to change the public safety operations program again to replace the one patrol officer position that was reprogrammed to a sergeant position in the First Amendment; NOW THEREFORE,for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby mutually agree as follows: I. Definitions. Unless a different meaning clearly appears from the context,words and phrases as used in this Second Amendment shall have the same meanings as in the First Amendment and in the Agreement. 2. Amendments. a. The Public Safety Operations Program as defined in Section 2(a)of the Agreement and as amended in the First Amendment is hereby amended to read as follows: a) Public Safety Operations. This program will (1) employ thirteen new entry-level patrol officers in Year I, (2) employ one additional new entry-level patrol officer in Year 2, and Second Amendment to the Agreement for EMU A Patrol Officers. Vehicles and Equipment. Page I (3) create one new sergeant's position in Year 1 of the Agreement. This program thereafter will maintain these positions in future years. 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. 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 Second Amendment and the provisions of the First Amendment and 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 Second Amendment and the provisions of either the First Amendment or the Agreement,the provisions of this Second Amendment shall control. Second Amendment to the Agreement for Patrol Officers. Vehicles and Equipment. 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 October, 2007. CITY OF BAYTOWN BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT STEPHEN H. DONCARLOS, Mayor CARL BRANDON, President ATTEST: ATTEST: LORRI GOODY, City Clerk LORRI COODY, Secretary r"111 R:Xaren+iles\City Councilcrime Control&Prevention District\Contracts\2007\$econdAmendment2Agreement4Officers.doe Second Amendment to the Agreement far Patrol Officers. Vehicles and Equipment. Page 3