R2005-0129 08-22-05
RESOLUTION NO. R2005.129
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 CONTINUATION OF 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 for continuation of the School Resource Officer Program.
PASSED, APPROVED and ADOPTED this the 22nd day of August
A.D., 2005.
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TOM REID
MAYOR
ATTEST:
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Y SE RETARY
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution 2005-129
INTERLOCAL AGREEMENT
BETWEEN
PEARLAND INDEPENDENT SCHOOL DISTRICT AND THE CITY OF PEARLAND
This Agreement is made this /!.r day of c;~jy'Jft'l'f 2005, between the
Pearland Independent School District ("District") and the 'City of Pearland("City").
Pursuant to the authority granted by the "Texas Interlocal Cooperation Act", Chapter
791 Texas Government Code providing for the cooperation between local governmental
bodies, the parties hereto, in consideration of the premises and mutual promises contained
herein, agree as follows:
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
performance 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.
W!INESSEIH:
NOW THEREFORE, in consideration of the foregoing premises and other good and
valuable consideration the receipt and sufficiency of which is hereby acknowledged, it is
hereby agreed as follows:
1. District agrees to fund the full salary and benefits, for a nine (9) month period, of
Pearland Police Officers assigned to the District's School Resource Officer
("SRO")/DARE Program. The nine (9) month period will follow the typical school
calendar adopted by the District annually. It is understood that the SRO/DARE
officers will be reassigned to the Pearland Police Department during the summer
months when school is not in session. The salary and benefits will be invoiced in
June of each year and fully paid within thirty (30) days of receipt of said invoice.
2. District agrees to supplement the expenses ("Supplemental Expenses") associated
with the SRO/DARE Program at a rate of $6,000.00 per officer if the officer is
equipped with a police car, and $3,000.00 if the officer is not equipped with a police
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car. Supplemental Expenses herein shall be increased at a rate of three percent
(3%) per year to cover increasing costs associated with operating the SRO/DARE
Program. Supplemental Expenses include, but are not limited to; a fully equipped
police care, a handheld radio, training and uniforms. Supplemental Expenses will
be invoiced in October of each year and paid within thirty (30) days of receipt of said
invoice.
3. District agrees to fund expenses associated with the DARE Program in an amount
not to exceed four thousand dollars ($4,000.00). Dare expenses include, but are
not limited to student workbooks, t-shirts, certificates and various promotional items.
4. City agrees to provide a mutually agreed upon number of fully equipped and
uniformed police officers to the school district during the school calendar year.
Routine absences shall be covered by other police officers assigned to the SRO
Program, however if for some reason an SRO officer will be absent for an extended
period of time, the City shall provide a replacement officer for the duration of the
extended leave.
5. The term of this Agreement shall be for three (3) years, commencing on the
effective date reflected herein, terminating on the same day of the year 2008, and
may be automatically renewed in one (1) year increments for a maximum of two (2)
additional years upon the agreement of both the City and District. Notwithstanding
the foregoing, this Agreement may be terminated at anytime at the option of either
Party by giving the other Party ninety (90) days written notice. District shall pay City
a pro rata share for all services rendered to the date of termination.
6. City and District agree that City in performance of this Agreement shall act as an
independent contractor and shall have control of its own work and the manner in
which it is performed.
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
the District or the 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 create any rights for the benefit of any person not a party to this Agreement no
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 such 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.
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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 provision 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 laws of the State of Texas.
11. This Agreement and all obligations created hereunder shall be performable in
Brazoria, Fort Bend and Harris Counties, Texas.
I n witness whereof, the parties have her
first above mentioned.
f'hrstrict.
o set their hands and signatures on the date
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CITY OF PEARLAND,
a Texas municipal corporation
Bill Eisen, City Manager
STATE OF TEXAS
BRAZORIA COUNTY
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this
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on
day of
behalf of
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~ ~m- BOBBIE DAWSON 1
~ ,~~; Notary Public, State of Texas ~
~ "".oon"'-;-" My CommissIon Expires: ~
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STATE OF TEXAS
BRAZORIA COUNTY
This instrument was acknowledged before me on this.~day of /4fi) t<.J r
2005, by Bill Eisen, City Manager of the City of Pearland, a Texas home ru municipality,
on behalf of said municipality.
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Notary Public, State of Texas
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My Commission Expires:
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r.r~.:';'t.;~~{ PERLA N. LEHMAN
(i<d~). Notary Public, Slale of Texa.
.~ \]~ /. My CommiSSion Expire.
\~~::;;.. APRIL 22. 2009
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