R2018-183 2018-10-08 RESOLUTION NO. R2018-183
A Resolution of the City Council of the City of Pearland, Texas,
authorizing the City Manager or his designee to enter into an Interlocal
Agreement with the Pearland Independent School District for the
School Resource Officer Program.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Interlocal Agreement by and between the City of Pearland
and Pearland Independent School District, a copy of which is attached hereto as Exhibit"A"
and made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest an Interlocal Agreement with the Pearland Independent
School District.
PASSED, APPROVED and ADOPTED this the 8th day of October, A.D., 2018.
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TOM REI
MAYOR
ATTEST:
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/ UN1 ORF I`'� T9C � j\
ITY CRETARY ....•.......•• `
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
INTERLOCAL AGREEMENT
BETWEEN
PEARLAND INDEPENDENT SCHOOL DISTRICT AND THE CITY OF PEARLAND
This agreement is made this 11th day of September, 2018, between the Pearland
Independent School District ("District") and the City of Pearland ("City").
Whereas, the contract is made under the authority of Section 791 of the Texas
Government Code; and,
Whereas, the parties, in performing governmental functions or in paying for the
performances of governmental function hereunder shall make that performance or those
payments from current revenues legally available to that party;
Whereas, the governing bodies of each party find that the subject of this contract
is necessary for the benefit of the public and that each party has the legal authority to
perform and to provide the governmental function or service which is the subject matter
of this contract; furthermore, the governing bodies find that the performance of this
contract is in the common interest of both parties; and that the division of cost fairly
compensates the performing.
WITNESSETH:
NOW THEREFORE, in consideration of the foregoing premises and the other good and
valuable consideration the receipt and sufficiency of which is hereby acknowledged, it is
hereby agreed as follows:
1. "Fixed Personnel Costs" are defined as the costs incurred by the City for the
employment of each assigned SRO, including: actual hourly salary of the assigned
SRO, pay incentives based on education or law enforcement certification, worker
compensation, Social Security, health insurance, TMRS benefits, and ancillary
costs normally associated with an employee's compensation as the employee
works a standard 40 hour week. These costs also include those attributable to the
assignment of the SRO to the District: law enforcement liability insurance, auto
physical damage insurance, auto liability insurance, laptop, mobile radio, portable
radio, body camera, radio airtime, ballistic vest, Taser, marked police vehicle, cell
phone, wearing apparel, vehicle repair/maintenance/fuel, and professional
development. The City shall provide to the District an estimate of the Fixed
Personnel Costs for the approaching District Fiscal Year by April 1, of each
contract year. The City shall give thirty (30) days advance notice for any increases
in Fixed Personnel Costs resulting from a change in personnel approved by the
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District. The Fixed Personnel Costs reimbursement shall be invoiced monthly by
City and shall be paid by District within thirty (30) days of receipt of each invoice.
2. "Variable Personnel Costs" are defined as the overtime costs incurred by the City
for the employment of each assigned SRO beyond the 40 hour work week to
complete district related functions. The overtime costs include one and one-half
times the employee's hourly rate combined with fixed employment benefits, such
as social security and retirement. The Variable Personnel Costs reimbursement
will be itemized and invoiced monthly by City and shall be paid by District within
thirty (30) days of receipt of each invoice.
3. City shall provide sworn police officers from its police department for District to
utilize as School Resource Officers from August 13, 2018 to May 30, 2019. City
may assign SROs to training or other duties during District holidays. If City wishes
to assign SROs to training during teacher in-service days, City and District can
discuss on a case-by-case basis. All SROs shall be equipped with equipment
necessary to perform their tasks. SROs work straight 8 hour days.
City shall provide eleven (11) SRO's to District, comprised of ten (10) Police
Officers and one Sergeant. If either party wishes to amend the number of SROs,
such change shall only be effective during the contract period if mutually agreed
upon in writing by both parties. If the number of SROs is amended, District's billing
for Fixed and Variable Expenses shall be billed accordingly. Absences by SROs
on days in which students are in class shall be covered by City temporarily
assigning other police officers or supervisory personnel for the duration of said
absence. In the event City is unable to provide a substitute SRO on student
attended days, the District shall not be billed when an SRO is absent.
The City shall, at no additional cost to District, provide additional support
resources. These additional resources include, but are not limited to: investigative
personnel, training personnel, telecommunications personnel, human resources,
legal representation, professional standards services (Internal Affairs), leave
associated with military services, police administration, records retention and
disbursement, records support personnel, associated record keeping, office
supplies, a transport officer to increase SRO presence in schools, additional
support personnel for major incidents or threats, evidence storage, video storage,
software licensing (outside of that used on the laptop), server access, IT support,
payroll support, court appearances required outside the PISD compensated time
period, ammunition, SWAT support, K9 support, and hiring/termination of
employment services.
4. The term of this agreement shall commence on the effective date reflected herein,
and terminate on May 30, 2019. The unexpired term of the current 2017-2018
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agreement shall terminate upon the execution of this agreement by all parties.
District shall reimburse City for compensation and expenses incurred for SROs up
to the effective date of termination of this Agreement. Either party may unilaterally
terminate this contract with 6 month written notice to the other party.
5. C3tigifitUM3 reimburse for.;all fixed "costs incurred,' al0 43 MiG
amount di @5@ O@@ dune° `contract a eriod. AI variable costs
Meal*related d &ire , inSR®EP j relate nom- SRO a ro Q ram.
ariable:Costs'Elicg sub et 'neaotiationsbetween nom- aartierDEorder 20 determin;P
C raj res o onsible 'costs District agrees to make payment to City on a
monthly basis upon receipt of an invoice.
6. City and District agree that City, in performing this Agreement, shall act as an
independent contractor and shall have control of its own work and the way it is
performed. District shall have the right to allocate the SRO positions amongst
District's various facilities as it determines, however City shall control assignment
of specific SROs to those positions and will maintain supervisory control over all
SROs in the performance of their duties as peace officers.
7. Nothing herein shall be deemed in any manner to constitute a waiver of sovereign,
governmental, or any other immunity or affirmative defense that may be asserted
by District or City. Nor shall this agreement be in any manner construed to create
a cause of action for the benefit of any person not a party to this Agreement, or to
otherwise existing at law.
8. No assignment by a party hereto of any rights under or interests in this Agreement
will be binding on another party hereto without the written consent of the party
sought to be bound; and specifically but without limitation moneys that may
become due and moneysthat are due may not be assigned without consent
(except to the extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an assignment
no assignment will release or discharge the assignor from any duty or responsibility
under this Agreement.
9. Whenever possible, each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of
this Agreement is prohibitive or invalid under applicable law, such provisions shall
be ineffective to the extent of such provision or invalidity, without invalidating the
remainder of such provision or the remaining provisions of this Agreement.
10.This Agreement shall be construed and enforced in accordance with and governed
by the law of the State of Texas.
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11.This Agreement and all obligations created herein shall be performable in Brazoria
County, Texas.
In witness whereof, the parties have hereunto set their hands and signatures on the
date first above mentioned.
Pearland Independent School District City of Pearland
A Texas Municipal Corporation
i, i
By: A �4 By: .L.. /if
John P. �'- *H.D. li Clay Pe.rs•n
Superinte - of PISD Schools City Manager
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STATE OF TEXAS
BRAZORIA COUNTY
741,
This instrument was acknowledge before me on this /of dayof
ix , 2018, by John P. Kelly, on behalf of Pearland Independent School
District.
/ ap.0"'" BOBBIE RAE DAWSON
i y , \ Notary ID# 127510-4
Notary Public, State of Texas I,, My Commission Expires
'+a MAY 7,2022
•
My Commission Expires: /ala, 7 ot0bLa-
STATE OF TEXAS
BRAZORIA COUNTY
This instrument was acknowledge before me on this l� day
of �ePti1* , ,, 2018, by Clay Pearson, City Manager of the City of Pearland,
a Texas home rule municipality, on behalf of said municipality.
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Pub , State Commission Expires: �m /9, ,zD ` �` Notary ID #21839 6
y My Commission Expires
'40, *' March 19, 2022
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