HomeMy WebLinkAboutO-1998-2224
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ORDINANCE NO. 98- 2224:
AN ORDINANCE APPROVING AND AUTHORIZING A LAW ENFORCEMENT SERVICES
AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE INDEPENDENT
SCHOOL DISTRICT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO
THE SUBJ!:CT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
sectiQn 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
city for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
'F\\'R1G"N "
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ORDINANCE NO. 98-2224
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PASSED AND APPROVED, this 23rd day of February, 1998.
ATTEST:
By:
CITY OF LA PORTE
~~
Guy eland
Mayo o-Tern
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AGREEMENT
STATE OF TEXAS "., ~
COUNTY OF HARRIS ~
Whereas, this agreement is made and entered into by and between the La
Porte Independent School District, hereinafter called "DISTRICT,1l and the City of
La Porte, a municipal corporation, located in Harris County, Texas, hereinafter
called "CITY."
WITNESSETH:
Whereas, the DISTRICT desires to have the Chief of Police of the City of
La Portej hereinafter called "CHIEF," authorize and direct two (2) of the CITY'S
patrol officers, hereinafter called "PATROL OFFICERS," to devote those officers'
working time to the District Schools; during the normal school year, including
teacher work days; and
Whereas, the DISTRICT is ~illing to pay the CITY an agreed amount
equal to the cost to the CITY for supplying law enforcement services, including
salary and any additional expenses the CITY may incur in providing these
services, so as to enable the PATROL OFFICERS assigned by the CHIEF to
provide those services;
NOW THEREFORE, in consideration of the mutual covenants,
agreements, and benefits to both parties, it is AGREED as follows:
,
'I.
The CITY agrees to authorize the CHIEF to assign PATROL OFFICERS
to provide law enforcement services to La Porte Schools. As us~d herein, the
phrase "working time" means the usual or normal hours that the PATROL
OFFICER is required to work in any calendar month and does not include any
extra overtime work. The time the PATROL OFFICERS are on duty within the
area of the schools, the time the PATROL OFFICERS are in court in connection
with cases arising out events occurring within the area, the time the PATROL
OFFICERS spend in preparing reports and documents pertaining to events
occurring in the area, the time the PATROL OFFICERS spend transporting
persons arrested in the area to jail, the time the PATROL OFFICERS spend
investigating crimes or possible crimes committed in the area, and the time spent
in any and all activities related to performing law enforcement services for the
DISTRICT shall be deemed working time. The items listed above are
explanatory and the meaning for "working time" is not limited to said list.
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LPISD AGREEMENT
Page 2
II.
The DISTRICT agrees to pay to the CITY the sum of $90,000 for
assignment of two (2) PATROL OFFICERS to the DISTRICT. This sum is based
on two (2) officers, working eight (8) hours each day, for 187 days in the school
year. The sum shall be for working time of the PATROL OFFICERS, and include
all items provided by the City to the officers, including automobiles, uniforms, and
related equipment. This cost shall remain constant for the first year, and may be
increased by a factor equal to any Consumer Price Index - Urban (CPI-U)
increases, for each year thereafter, using January 1998, as a base. The CITY
shall notify the DISTRICT of any increases at least thirty (30) days prior to the
effective date of the proposed increase.
The CITY agrees to provide to the DISTRICT an invoice, at the beginning of each
semester, setting forth the costs for providing the law enforcement services to the
DISTRICT. The DISTRICT agrees to reimburse the CITY the cost as set forth in
the invoice within thirty (30) days of the date of such invoices. If the DISTRICT,
for any reason disputes any items, in any invoices submitted by the CITY, the
DISTRICT shall promptly notify the CITY of the dispute and request clarification
and/or remedial action. The decision of the CITY regarding all disputes involving
the cost for providing PATROL OFFICERS shall be final. Payment shall be
made to the City of La Porte, Attention: Finance Director, P. O. Box 1115, La
Porte, Texas 77572-1115. Invoices sent by the CITY shall be addressed to La
Porte ISO, Attention: David Webb, Business Office 301 E Fairmont Parkway, La
Porte, Texas 77571. Either party hereto may change its address for the
purposes of this agreement by giving written notice of such change in the manner
provided for in this agreement.
III.
The term of this agreement shall be for each school year, as determined
by the DISTRICT, commencing Auaust 10.1998, for the 1998-99 school year,
and ending on the final day of school in the year 2001, and shall include an
option to extend this agreement for an additional two (2) years, with the same
terms and conditions, upon the approval of the CITY and the DISTRICT. ~
expressly understood and agreed that the period or term of this agreement may ~ J
be terminated without cause at any time by either party by giving to the other v{f" ~ 1)
party at least thirty (30) days advanced written notice of its intention to do so, :). \
specifying therein the effective date of such termination. It is expressly
understood and agreed that the period or term of this agreement may be
terminated with or without notice by the CITY at any time after the DISTRICT has
defaulted on any payment of any obligation hereunder. Payments hereunder
n'R~GiNA;
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LPISD AGREEMENT
Page 3
shall be pro-rated to ~ffective date of cancellation.
,
Any notice required to be given in this paragraph to the DISTRICT shall be given
by registered or certified United States mail, postage paid, return receipt
requested, and addressed to the DISTRICT at 301 E Fairmont Parkway, La
Porte, Texas 77571. Any notice permitted or required to be given in this
paragraph to the CITY shall be given by registered or certified United States mail,
postage prepaid, return receipt requested, addressed to CITY, Attention: City
Manager, P.O. Box 1115, La Porte, TX 77572-1115.
IV.
It is expressly understood and agreed that any PATROL OFFICERS
assigned to work at the DISTRICT shall be subject to the exclusive control and
supervision of the CHIEF and to the same extent as all other PATROL
OFFICERS, and shall have no duty or obligation to the DISTRICT other than
those duties or obligations which the PATROL OFFICERS would have to the
public generally, to enforce state laws and CITY ordinances, specifically,
PATROL OFFICERS shall not be required to enforce DISTRICT rules and
regulations. The CHIEF shall set the working times (hours and days) for the
PATROL OFFICERS after consulting with a designated agent of the DISTRICT.
V.
It is expressly agreed and understood between the DISTRICT and the
CITY, that if, in the opinion of the CHIEF, it is necessary to use the PATROL
OFFICERS assigned to carry out this agreement for other duties due to an
emergency, or other reasons as determined solely by the CHIEF, that the CHIEF
may temporarily suspend the assignment of PATROL OFFICERS to comply with
this agreement. It is, howe.ver understood by both the CITY and the DISTRICT
that the DISTRICT will be credited on a pro-rata basis for charges hereunder if
an officer is temporarily assigned to other duties at the direction of the CHIEF.
VI.
Both parties mutually agree that the CITY is an independent contractor,
and shall have exclusive control of performance hereunder, and that employees
of the CITY are in no way to be considered employees of the DISTRICT.
ORiGINAL
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LPISD AGREEMENT
Page 4
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VII.
Should any litigation be commenced between the parties hereto
concerning this agreement, or the rights and duties of either party in relation
thereto, the party prevailing in such litigation shall be entitled, in addition to such
other relief as may be granted, to a reasonable sum as and for its attorney's fees
in such litigation. Nothing in this paragraph shall be construed so as to limit or
waive the sovereign immunity of either the CITY or the DISTRICT.
VIII.
This agreement shall be construed under and in accordance with the laws
of the State of Texas, and all obligations of the parties hereunder shall be
performed in Harris County, Texas
IX.
If anyone or more of the provisions contained in this agreement shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any other provision thereof
and this agreement shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained herein.
X.
This agreement constitutes the ~ole and only agreement of the parties
hereto and supersedes any prior understanding of written or oral agreements
between the parties respecting the subject matter within.
XI.
No amendment, modification, or alteration of the terms hereof shall be
binding unless submitted in writing, dated subsequent to the date hereof, and
duly executed by both parties.
XII.
Neither party to this agreement may assign their rights, duties, or interests
without first obtaining the written consent of the other party. Consent to one
assignment shall not be deemed to be consent to any subsequent assignment.
An assignment without the written agreement of both parties, or an assignment
by operation of law, shall be void, and shall, at the option of either party,
terminate this agreement.
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LPISD AGREEMENT
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. IN WITNESS WHEREOF, the undersigned DISTRICT and CITY hereto
execute this agreement effective on this the 11th day of August ,.1998.
La Porte Independent
School District
City of La Porte
BY: ~~ T. l-\~
Robert T. Herrera
City Manager
ATTEST:
ATTEST:
. C ';Davi'~n~ Pres., Board.
; '-0 -Trustees:' .
(
OR i Gl m\t98
03= 5BP1'1 LAPORT I 5 D
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P. 1/1
4It COPY FOR YOUR
INFORMATION
IV. PUBLIC COMMBNT
The Board heard ftom Spero PomoDls rGIBI'ctiDI hie concems about t\m.d-
miBiPir.
V. 'DNJ'JNDDIll:I) BUSINBSB
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VI. MEw B1J8INBSS
Bm BmtJey moved.18CIOded by Mike MrJ .a'."Q. to nHIppI'OVe the
contn.ci with 0Jt.y olLa Porte fOr two (2) securI1tY officers ~';"g fa
the 1998-99 BGbaol J8&I' ... emended/deleted aDd q:reed to with Cit1
of La Porte. Motion carri&d \lD8IlImoua]y. CAI;tad1ecJ to boUdd minutes)
4. CONSENT CALENDAR
~iDa ~ moved, seeoDd.e11 by MIke &lGUllgtlnn t.O approve n;ems
1 md a. Motion earrfed unaniIDOUS],y. (Attached to bOund minutes)
Charlie Peny moved. &8COnded by N"ma ZCJCb. to approve the p1)rCha.se
of land.
BJll B_Iey moved to 8JD8D.d. HllOIIded by Charlie Perry. aDd pu:rchaee
.8 J",d 'nvntvM, but not ttI oxooad thQ IUDOUDt oU50.000. M'otinn
to amend CArriAd ullllDimoutly.
The orllduallllOtion as Am~llded oarried unammousIy. (Att.aehed
to bound minutelJ)
~. Mfg. 3/1.7/98- LI PtIrIB ISD BoJmI qfTnuftltts
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B. POLIcY
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NIna Zocb. moved. seconded by Charlie Peny. to approve items 1
~ 6 (with correatAlcl date Oil pep 84, item. l-a). :Mation carried
unanimousl1. CAttacb.ed to bound minuteS)
1. Rachel Hanlpton moved, seconded by N"lIla Zoeh. to approve and
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ORijGlNAL
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Budget for Replacement Officers
For the period April 1 , 1998 to September 30, 1998
Acct Account Title Officer 1 Officer 2 Total
1010 Regular Earnings 12,490 12,490 24,980
1060 FICA (7.65%) 955 955 1,910
1065 Retirement (11.43%) 1 ,427 1,427 2,854
1070 Workers Compensation (2.84%) 354 354 708
1080 Health Insurance 2,250 2,250 4,500
1081 Life Insurance 34 34 68
8021 Equipment for Officer 2,500 2,500 5,000
8050 Police Package Vehicle 22,575 22,575 45,150
Total Budget Adjustment 42,585 42,585 85,170