CCPD Resolution No. 77 RESOLUTION NO. 77
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 OFFICERS AND
EQUIPMENT WITH THE CITY OF BAYTOWN; 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
Interlocal Agreement for Officers and Equipment with the City of Baytown. 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 1 lth day of January, 2022.
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RIfCKI WHEELER, President
ATTEST: ��uu1 111114�,
s,
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ANGELA bkCKSON, Secretary
APPROVED AS TO FORM:
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TREVOR FANNING, Interim General Counsel
R:\Denise%.RESOLUTIONS\2022`•.CCPD\2022.01.11-Resolution-Interlocal Agreement with City of Baytown(Officers Equipment).doc
Exhibit "A"
AGREEMENT FOR PATROL OFFICERS AND EQUIPMENT
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement for Patrol Officers and Equipment (the "Agreement") is made by and
between the CITY OF BAYTOWN, a municipal corporation located in Farris 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.
0 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) Street Crimes Team. This program will maintain the employment of twelve (12)
patrol officers and one(1)sergeant to increase the number of officers patrolling the
streets of the City.
b) Commercial Motor Carrier Enforcement. This program will maintain the
employment of two patrol officers to perform increased inspections and
enforcement of commercial vehicles traveling in the City
c) Technologies. This program will maintain and support the body-worn camera
program,in-car video and interview rooms,including the purchasing of equipment,
data storage and repair/replacement of technologies.
Agreement for Officers and Equipment,Page 1
d) 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 holding any of the positions referenced hereinabove, which are funded, 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. 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 finds 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.
Section 5. Term.
This Agreement shall be effective for a period commencing on the Effective Date, and
ending five years after the date the District first levies taxes for District purposes as authorized
pursuant to its continuation election held on November 3, 2020,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.
Agreement for Officers and Equipment,Page 2
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 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.
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
Agreement for Officers and Equipment,Page 3
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
f iarris 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:
District
Baytown Crime Control and Prevention District
Attn: President, Board of Directors
P.O. Box 424
Baytown, TX 77522
Fax: (281) 420-6586
city
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 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
Agreement for Officers and Equipment,Page 4
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.
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.
Agreement for Officers and Equipment,Page 5
IN WITNESS WHEREOF,the parties have made and executed this Agreement on the
day of , 2022 ('Effective Date"), in multiple copies, each of which
shall be an original.
CITY OF BAYTOWN BAYTOWN CRIME CONTROL AND
PREVENTION DISTRICT
RICHARD L. DAVIS, City Manager RIKKI WHEELER, President
ATTEST: ATTEST:
ANGELA JACKSON, City Clerk ANGELA JACKSON, Secretary
RAKaren Homer\Documents\FileACity CouncilTrime Control&Prevention District•.Contracts\2022\Agreement4Officers.doc
Agreement for Officers and Equipment,Page 6