R2019-152 2019-07-08 RESOLUTION NO. R2019-152
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 July, A.D., 2019.
CITy
V.-
icz. TOM REID
MAYOR
............
ATTEST:
MARIA RODRIGUEZ
INTERIM CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
INTERLOCAL AGREEMENT
BETWEEN
PEARLAND INDEPENDENT SCHOOL DISTRICT AND THE CITY OF PEARLAND
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This agreement is made this day of , 2019, between the
Pearland Independent School District ("Distri'ind 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. "Program Costs" are defined as the costs incurred by the City for the employment
of each assigned SRO and are inclusive of the following: actual hourly salary of
the assigned SRO, overtime costs incurred by the City for the employment of each
assigned SRO to complete SRO related functions, 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. All SROs shall be
equipped with equipment necessary to perform their tasks.
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2. City shall provide sworn police officers from its police department for District to
utilize as School Resource Officers for the school years 201912020, 2020/2021,
and 2021/2022 from the first campus teacher work day (usually in August) to the
last teacher work day (usually in May or June) of each school year. 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. 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 compensation
amounts will be renegotiated. 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. If the City is unable to fill
the absence of an SRO that occurs for more than one consecutive school day, City
shall not bill the District for those absences, unless otherwise waived by the
District.
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, additional
support personnel for major incidents or threats, evidence storage, video storage,
software licensing (outside of licensing 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.
3. The term of this agreement shall commence on the effective date reflected herein,
and terminate on June 30, 2022. The unexpired term of the current 2018-2019
agreement shall be in effect until May 30, 2019. 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.
4. District agrees to compensate City for "Program Costs" at the following not-to-
exceed contract amounts:
a. $1,100,000 for school year 2019/2020
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b. $1,150,000 for school year 2020/2021
c. $1,200,000 for school year 2021/2022
5. City will bill District monthly by dividing the agreed upon compensation amount by
12. District agrees to remit payment within 30 days of receipt of the monthly bill.
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 moneys that 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.
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.
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Pearland Independent School District City of Pearland
A Texas Micipal Corpo -tion
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By: ��. By: ,fes. -
John P. Ke P` .D. II Clay Pears.
Superintend; t • PISD Schools City Manager
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STATE OF TEXAS
BRAZORIA COUNTY
This instrument was acknowledged before me on this ( I day of
r_4) , 2019, by John P. Kelly, on behalf of Pearland Independent School
District.
4 �� Ij �>��'':;"'o JENNFFER ROUNTREE
sp. Notary Public,State of Texas=
Not: •u: r V a - o exas '
o►,,¢ Comm. Expitea 02-23-2020
%� Notary ID 716059.1
My ommission Expires: -2-23
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STATE OF TEXAS
BRAZORIA COUNTY
This instrument was acknowledge before me on this r~ day
of , 2019, by Clay Pearson, City Manager of the City of Pearland,
a Texas home rule municipality, on behalf of said municipality.
Notary Public, State of Texas
My Commission Expires:
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