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Home My WebLink AboutR2025-133 20250728Docusign Envelope ID: 8EFE0C5D-67A8-4F2D-9834-B8B084F43455 RESOLUTION NO. R2025-133 A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter a 3-year Interlocal Agreement with the Pearland Independent School District for the School Resource Officer Program, for the period of July 29th, 2025 through July 28th, 2028. 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 28th day of July, A.D., 2025. DocuSigned by: ATTEST: DocuSigned by: Fratws LpiCor 9aFr2,531 FFF415 FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: DocuSigned by: F486. DARC13CRIN898Bt3tM. COKER CITY ATTORNEY 22/-i2 J. KEVIN COLE MAYOR ,,11,,1111111,,,« ''r,/'lei�1f11114111�t,�``,` ` Exhibit A INTERLOCAL AGREEMENT BETWEEN PEARLAND INDEPENDENT SCHOOL DISTRICT AND THE CITY OF PEARLAND Thls agreement is made this 231d, day of June 2025, 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. "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 Iaw enforcement certification, worker compensation, Social Security, health Insurance, TMRS benefits, and ancillary costs normally associatedwith 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 Iaw 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. 2, City shall provide sworn police officers from its police department for District to utilize as School Resource Officers for the school years 2025/2026, 2026/2027, and 2027/2028 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. Gity shall provide eleven (11) SROs 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. SRO absences of less than five (5) consecutive days, in which students are in class, shall be covered by SROs from campuses with more than one SRO assigned. SRO absences exceeding five (5) consecutive days will be filled by the City temporarily assigning other pollee officers or supervisory personnel for the duration of said absence. If the Gity is unable to fill the absence of an SRO that occurs for more than five (5) consecutive school days, 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 terra of this agreement shall commence on the effective date reflected herein and terminate on June 30, 2028. 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. $1,480,000 for school year 2025/2026 b. $11540,000 for school year 2026/2027 2 $17600,000 for school year 2027/2028 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 s. 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 positrons 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. 1 t . 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 6A)r Larry Berger Superintendent of PISD Schools City of Pearland A Texas Municipal Corporation Trent Epperson City Manager STATE OF TEXAS BRAZORIA COUNTY This instrument was acknowledged before me on this day of 2025, by Larry Berger, an behalf of Pearland independent School District 0010 acka,t) Nat Notary Public, State of Texas My Commission Expires: STATE OF TEXAS BRAZORIA COUNTY • • • Notary Comm. GINA Notary Public 0 E tt IP/ GUZZETTA State 06-07.2029• 12313374 Of ?Texas • ir r This Instrument was acknowledged before me on this 1 day of 2025, by Trent Epperson, City Manager of the City of Pearland, Texas, a municipality, on behalf of id municipality. Notary Public, State of Texas My Commission Expires: 0i 00410 LESLY DELGADO �°�„,'�Notary Public, State of Texas to . din , 01� Comm Explros 04-01-2029 �'10 ,0 Notary ID 128978677