Ordinance No. 14,946 ORDINANCE NO. 14,946
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT FOR THE
FUNDING OF TWO (2) PIERCE VELOCITY PUMPER TRUCKS AND
EQUIPMENT FOR ENGINE 3 WITH THE BAYTOWN FIRE CONTROL,
PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT; 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
Mayor to execute and the City Clerk to attest to an Interlocal Agreement for the funding of two (2)
Pierce Velocity Pumper Trucks and equipment for Engine 3. 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 affinnative vote of the City Council of the
City of Baytown this the 15t1i day of November, 2021.
ANDON C P TIL , Mayor
ATTEST:
r j:y'Y�ryy]6CI:II.•c�SL..e•:
ANGELA aCKSON, City Clerk
°o ti o
lj } aowa %ti'
APPROVED AS TO FORM:
2��-VLOO
KAREN L. HORNER, City Attorney
RAKaren Homer\DocumentsTiles\City Councii\0rdinances\1202kNovember 151FCPEMSDAgreement4Trucks&Equipmentdocx
Exhibit "A"
AGREEMENT FOR THE FUNDING OF TWO (2) PIERCE VELOCITY
PUMPER TRUCKS AND EQUIPMENT FOR ENGINE 3
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement for the Funding of Two(2)Pierce Velocity Pumper Trucks and Equipment
for Engine 3 (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
FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT, a
fire control, prevention,and emergency medical services district created under Chapter 344 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 ongoing effort to provide new resources to finance
programs of the District consistent with Section 344.151 of the Act.
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 Program.
The City,with the assistance of the District as herein specified, agrees to purchase Two(2)
Pierce Velocity Pumper Trucks and Equipment for Engine 3.
Section 3. Program Reports.
The City shall prepare and submit to the District within thirty (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 funding in the amount of ONE
MILLION SIX HUNDRED TWENTY-EIGHT THOUSAND THREE HUNDRED FIFTY-
AP
reement for the Funding of Two(2)Pierce
Velocity Pumper Trucks and Equipment for Engine 3,Page 1
THREE AND NO/100 DOLLARS ($1,628,353.00) to the City, as more particularly described as
follows:
2 Pierce Velocity Pumper Trucks $1,573,353.00 FY2023 —FY2025*
Equipment for Engine 3 $55,000 FY2022
Total. $1,628,353.00 F ___:
* Payment shall be made in three equal payments. In the event no funds are appropriated for this Agreement in any
future fiscal year,the District has the right to terminate this Agreement without penalties of any sort.
Section 5. Term.
This Agreement shall be effective for a period commencing on the date executed by the
City Manager and expiring once the payment obligations of the District have been satisfied in full,
unless sooner terminated by either patty 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 301h 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 patty 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 the Funding of Two(2)Pierce
Velocity Pumper Trucks and Equipment for Engine 3,Page 2
Section 8. Refund and Payment upon Termination.
Upon termination of this Agreement pursuant to Section 6 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 pennitted 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 the Funding of Two(2)Pierce
Velocity Pumper Trucks and Equipment for Engine 3,Page 3
District
Baytown Fire Control, Prevention, and Emergency Medical Services District
Attn: President, Board of Directors
P.O. Box 424
Baytown, Texas 77522-0424
Fax: (281)420-6586
City
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 party's 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.
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 consent of the District.
Agreement for the Funding of Two(2)Pierce
Velocity Pumper Trucks and Equipment for Engine 3,Page 4
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, on this the day of November, 2021.
CITY OF BAYTOWN BAYTOWN FIRE CONTROL,
PREVENTION AND EMERGENCY
MEDICAL SERVICES DISTRICT
RICHARD L. DAVIS, City Manager BRENDA BRADLEY SMITH, President
ATTEST: ATTEST:
ANGELA JACKSON, City Clerk ANGELA JACKSON, Secretary
R Karen I lomer`Docunxnts`ftles'Cuy Council'Fire Control,Prevention and Emergency Medical Ser%tces District'Contracts2021'Agreement3FnndmganTrticks.YF.qutpment docx
Agreement for the Funding of Two(2)Pierce
Velocity Pumper Trucks and Equipment for Engine 3,Page 5