The URL can be used to link to this page

Home My WebLink AboutO-2001-2510 ;. e . ORDINANCE NO. dl 00 J '" ;'5/D AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND CRIME STOPPERS OF THE BAY AREA, INC. FOR THE MANAGEMENT, OPERATION, ADMINISTRATION AND MAINTENANCE OF A CRIME STOPPERS PROGRAM FOR THE BENEFIT OF THE CITY OF LA PORTE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; 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 in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference, by and between the City of La Porte and the Crime Stoppers of The Bay Area, Inc., for the management, operation, administration and maintenance of a Crime Stoppers program for the benefit of the City of La Porte. 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 Section 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. ORDINANCE NO. ~(). :;5/ (J Page 2 e Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 1/)11- day of Sf:P1tJ1~et. ,2001. CITY OF LA PORTE BY:~~~;/-- Mayor ATTEST: 1!J.t1J~ (j. 8J1L/1 Mart a A. Gillette, City Secretary ~ e e REQUEST FOR CITY COUNCIL AGENDA ITEM Ageada Dale Req_: Smtembe< 10. 2001~ Requested By: Ril"hud li'~ Reff ,~ Aoorooriation Source of Funds: 2002 Budget Department: 'PoIirt Account Number: 00152525213001 Report: Resolution: Ordinance: us: Amount Budgeted: 1200.00 Exhibits: Crime Stoppers Agreement Amount Requested: Budgeted Item: YES NO Exhibits: Exhibits: SUMMARY & RECOMMENDATION Recommending the City of La Porte become an active member of the Crime Stoppers of Bay Area Corporation. The program provides a way for our citizens to assist in the possible prevention and resolution of crimes. In order to be a member or the program the City will be required to sign an agreement with the Crime Stoppers, which will be in affect on October 1, 2001, and ending on September 30, 2002. The City wiD pay 51200.00 to become a member for the year. These funds will come from budgeted funds in the 2002 budget. Action Reauired bv Council: Approval for the City Manager to sign the Agreement between the City of La Porte and the Crime Stoppers of the Bay Area, Inc., for the management, operation, administration and maintenance of a Crime Stoppers Program. Approved for City Council Agenda cKJ~ 1-: ~~ Robert T. Herrera, City Manager q-(..-o\ Date e e AGREEMENT ' STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF BARRIS This Agreement entered into on this rt day of October, 2001, by and between the City of La Porte, Texas, a Home Rule municipal corporation (h~r the "City") and Crime Stoppers of the Bay Area, Inc., a Texas nonprofit corporation (hereinafter the "Consultant"). evidencing the following: Witnesseth . WHEREAS, Consultant and the City desire to establish and maintain a Crime Stoppers program; and WHEREAS, the Crime Stoppers program provides a means for ordinary citizens to assist in the detection and resolution of crimes; and WHEREAS, the Crime Stoppers program, will open investigative doors that might otherwise remain closed. NOW, THEREFORE, in consideration of the mutual covenants, agreements and mutual benefits, which will accrue to each of the parties to this Agreement as well as the general citizenry of the City of La Porte, Texas, the parties have agreed and do hereby, agree as follow: 1. Term This Agreement and its terms and conditions shall be in effect for a period beginning on this III day of October, 2001, and ending on the 30. day of September, 2002, unless termimllted as provided in this Agreement or renewed or extended by mutual agreement ofboth parties. This Agreement may be amended only by mutual written agreement ofboth parties. Either party may terminate this Agreement only by 30-days advance written notice by the party desiring to terminate to the other party to this Agreement. 1. Services Consultant agrees to manage, operate, administer and maintain the Crimes Stoppers progmm for the benefit of the City. Consultant shall be responsible for and establish all procedures relating to the operation oftbat Crime Stoppers program, including, but not limited to, the subsequent cash disbursements to qualifying informants. Consultants shall advise the Consultant's Crime Stoppers' coordinator and sba1l define the responsibilities for this position in relation to the Crime Stoppers Board of Directors. That coordinator sba1l not be considered an employee of the City for any purpose. 3- Payment Within twenty (20) days of the date of execution of the Agreement, the City shall pay to Consultant the amount ofSl,200.00. This money is to be utilized for the purpose of assistance in providing support staft'for the Consultant's Crime Stoppers program during the original term of the Agreement In the event that this Agreement is renewed or extended for any additional period of time beyond the initial e e term set out in Section 1 of this Agreement, the amount offunds to be provided by the City to the Consultant shall be determined by the City Council at the time the City Council adopts the City's annual budget The Consultant shall provide written proof to the City that liability insurance coverage for the Crime Stoppers coordinator and secretarial support sta1I'is in place, in the minimum amount ofSl00,OOO per occurrence. 4- Indemnity Consultant agrees to DEFEND, INDEMNIFY, SAVE and BOLD HARMLESS the City, its employees, agents, officers and assigns from any and all suits, actions, claims, damages and losses of any character whatsoever, including, without limitation, reasonable attorneys' fees and expenses, brought for or on account of any injuries or damages, real or asserted, received or sustained by any person or property, on account of any negligence of gross negligence. or any act or omission of the Consultant, its contractors, agents or employees arising directly or indirectly or in any way connected with the operation of the Crime Stoppers program. Consultant sba11 pay any judgement with costs, which may be obtained against the City, or any of its officers, agents or employees. 50 Owuenhip of Doeumentl All reports, information and other data prepared, assembled or received by Consultant pursuant to the services provided for in this Agreement, sball remain the sole property of the Consultant Inasmuch as allowed by State law and so as not to compromise the confidentiality of the Crime Stoppers program, Consultant shall promptly furnish the City with copies of such documents upon the Mayor's request. 6- Right of Review During the term of this Agreement, Consultant shall provide to the Mayor and the City Council of the City, an annual audited report and full documentation showing the disposition of the funds provided by the City under this Agreement, and that such funds were used only for the purpose stated in Section 3 of this Agreement Any and all funds. which remain, unaccounted for or unspent at the end of the tenn of this Agreement sball, at the City's direction, be returned to the City. CoilSUltant shall not commingle funds received pursuant to this Agreement with any other monies. Any and all documentation relating to funds received pursuant to this Agreement shall be at all times open for inspection by the City or its officers or agents shall be afforded the opportunity on premises to make photocopies of any and all documentation relating to funds received pursuant to this Agreement 7. Addresses For the purpose of written notification as provided herein, all written notices to the City and to the Consultant shall be addressed as follows: City of La Porte Aun: Mayor Norman Malone 604 W Fairmont Pkwy. LaPorte, TX77S71 Crime Stoppers PO Box 202 Seabrook, TX 77586-0202 .. e 8- Independent Contractor e By the execution of this Agreement. the City and the Consultant do not change the independent contractor status of Consultant No term or provision of this Agreement nor act of Consultant in the performance of the Agreement shall be construed as making the Consultant the agent, servant or employee of the City. Consultant is, and shall remain, an independent conttactor with full complete and exclusive authority to advise its own coordinator and ~ and to detennine the method of performance of the work covered by the Agreement The fact that the City or the City's representative shall have the right to cany out the other prerogatives which are expressly reserved to and vested in the City or the City's representative hereunder is not intended to and shall not at any time change or effect the status of the Consultant as an independent contlaCtor with respect to either the City or the City's representative or to the support staff mentioned in this Agreement or to any other person, firm or corporation. 'In witness whereo~ the undersigned have set their hands on this I ~ day of ~ 200 1. CRIMB ~ "!'TIlBBAY ARI!A, 1Ne. By:~13tLLJ~ ./" S/grIaIlull Calvin B. Walker President ~~m~~J. EDNA C. DETTER !~~. "~\ Notary Public, State of Texas to:. :..~ My Commission Expires ,,;.1':-. .~~ ~.:t!.!:i,~~'" June 29, 2003 Dr. ~ (?//MS SIgruttru'8 Cora Crews SecretarylI'reasurer CITY OF LA PORTE B()iJ.~\~ ~ Signa""" KoBefl T. H-e ((er~ Printed Na",. C;+y ~.e( 7YtIB SEAL A'ITEST: By:1f~.tI ~~ , Slgnalluw /YJA1!:/JftJ fl. G;/Iefl Printed Na",. C I~Y 5eCfe-larL/ 7Ytls / .. e e AGREEMENT, STATE 01' TEXAS COUNTY 01' BARRIS KNOW ALL MEN BY THESE PRESENTS This Agreement entered into on this III day of October, 200 I, by and between the City of La Porte, Texas, a Home Rule municipal corporation (hereinafter the "City") and Crime Stoppers of the Bay Area. Inc., a Texas nonprofit corporation (hereinafter the "Consultant"). evidencing the following: Witnesseth . WHEREAS, Consultant and the City desire to establish and maintain a Crime Stoppers program; and WHEREAS, the Crime Stoppers program provides a means for ordinary citizens to assist in the detection and resolution of crimes; and WHEREAS, the Crime Stoppers program, will open investigative doors that might otherwise remain closed. NOW, THEREI'ORE, in consideration of the mutual covenants, agreements and mutual benefits, which will accrue to each of the parties to this Agreement as well as the general citizenry of the City of La Porte, Texas, the parties have agreed and do hereby, agree as follow: 1. Term This Agreement and its terms and conditions shall be in effect for a period beginning on this III day of October, 2001, and ending on the 30lb day of September, 2002, unless terminated as provided in this Agreement or renewed or extended by mutual agreement ofboth parties. This Agreement may be amended only by mutual written agreement of both parties. Either party may tenninate this Agreement only by 30-days advance written notice by the party desiring to terminate to the other party to this Agreement 1. Services Consultant agrees to manage, opemte. administer and maintain the Crimes Stoppers progmm for the benefit of the City. Consultant shall be responsible for and establish aU procedures relating to the operation of that Crime Stoppers program, including. but not limited to, the subsequent cash disbursements to qualifying informants. Consultants shall advise the Consultant's Crime Stoppers' coordinator and shall define the responsibilities for this position in relation to the Crime Stoppers Board of Directors. That coordinator shall not be considered an employee of the City for any purpose. 3. Payment Within twenty (20) days of the date of execution of the Agreement, the City shall pay to Consultant the amount of $1,200.00. This money is to be utilized for the purpose of assistance in providing support staiffor the Consultant's Crime Stoppers program during the original term. of the Agreement In the event that this Agreement is renewed or extended for any additional period of time beyond the initial - .. . e term set out in Section 1 of this Agreement, the amount of funds to be provided by the City to the Consultant shall be determined by the City Council at the time the City Council adopts the City's annual budget The Consultant shall provide written proof to the City thalliability insurance coverage for the Crime Stoppers coordinator and secretarial support staff is in place, in the minimum amount of $100,000 per ~nce. 4- Indemnity Consultant agrees to DEFEND, INDEMNIFY, SAVE and BOLD HARMLESS the City, its employees, agents, officers and assigns from any and all suits, actions, claims, damages and losses of any character whatsoever, including. without limitation, reasonable attorneys' fees and expenses, brought for or on account of any injuries or damages. real or asserted, received or sustained by any person or property, on account of any negligence of gross negligence, or any act or omission of the Consultant, its contractors, agents or employees arising directly or indirectly or in any way connected with the operation of the Crime Stoppers program. Consultant shall pay any judgement with costs, which may be obtained against the City, or any of its officers, agents or employees. S. Ownenhip of DocumenbJ All reports, information and other data prepared, assembled or received by Consultant pursuant to the services provided for in this Agreement, shall remain the sole property of the Consultant Inasmuch as allowed by State law and so as not to compromise the confidentiality of the Crime Stoppers program, Consultant shall promptly furnish the City with copies of such documents upon the Mayor's request. 6. Right of Review During the term of this Agreement, Consultant shall provide to the Mayor and the City Council of the City, an annual audited report and full documentation showing the disposition of the funds provided by the City under this Agreement, and that such funds were used only for the purpose stated in Section 3 of this Agreement Any and all funds, which remain, ww:counted for or unspent at the end of the term of this Agreement sba1l, at the City's direction, be returned to the City. Consultant shall not commingle funds received pursuant to this Agreement with any other monies. Any and all documentation relating to funds received pursuant to this Agreement shall be at all times open for inspection by the City or its officers or agents shall be afforded the opportunity on premises to make photocopies of any and all documentation relating to funds received pursuant to this Agreement 7. Addresses For the pwpose of written notification as provided herein. all written notices to the City and to the Consultant shall be addressed as follows: City of La Porte Attn: Mayor Norman Malone 604 W Fairmont Pkwy. LaPorte, TX77571 Crime Stoppers PO Box 202 Seabrook, TX 77586-0202 -; e 'e 8- Independent Contractor By the execution of this Agreement, the City and the Consultant do not change the independent contlactor status of Consultant No term or provision of this Agreement nor act of Consultant in the performance of the Agreement shall be construed as making the Consultant the agent, selVlDt or employee of the City. Consultant is. and shall remain, an independent contractor with full complete and exclusive authority to advise its own coordinator and ~ and to determine the method of performance of the work covered by the Agreement The fact that the City or the City's representative shall have the right to cany out the other prerogatives which are expressly resenred to and vested in the City or the City's representative hereunder is not intended to and shaI1 not at any time change or effect the status of the Consultant as an independent contractor with respect to either the City or the City's representative or to the support staff mentioned in this Agreement or to any other person, firm or corpol3tion. In witness whereof; the undersigned have set their bands on this I ~ day of ~ 2001. B~~ " S1gJltl"'''' CITY OF LA PORTE s()iu\~\~ ~ Sig"a"',.. KoBef'T T. fte ((er~ Prt"tMI Name Calvin B. WaDcer President C.J.y ~.er 7'1," IJ".I.'" ..~~~., ~~:z". .. .~'(. i . . : - . . : 'i~. .....$ -''':'';;,i;\~~1 r.t,.."", EDNA C. OETTER Notary Public, State of Texas My Commission Expires June 29, 2003 SEAL ~~& (J /t};@) SifPIalU'" ATTEST: By:1l!~'{) ~M , Sig"ature 1nAf!1Jd/ If. G;/Iefl- PrI",ed Name C~y 5ecre./arLI 7'1'" / Cora Crews Secretalytrreasurer