R-2013-134-2013-08-26 RESOLUTION NO. R2013-134
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 (SRO 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 Pearland Independent School
District.
PASSED, APPROVED and ADOPTED this the 26th day of August, A.D., 2013.
TOM REID
MAYOR
ATTEST:
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Resolution No. R2013-134
Exhibit "A"
INTERLOCAL AGREEMENT
BETWEEN
PEARLAND INDEPENDENT SCHOOL DISTRICT AND THE CITY OF PEARLAND
This Agreement is made this 7ETH day of AUGUST 2013, 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.
WITNESSETH :
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 . City will provide police officers from its police department for District to utilize as
School Resource Officers ("SROs") during the nine (9) month period (the "Term")
that corresponds with District's annually adopted school calendar, excluding any
summer sessions. All SROs will be equipped with police vehicles unless District
requests otherwise in writing.
2. District will reimburse to City the full wages, including related overtime, and benefits
("Compensation") that City pays to or provides for the SROs during the Term. The
Compensation reimbursement will be invoiced monthly by City and shall be paid by
District within thirty (30) days of receipt of each invoice.
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3. District will also reimburse City for operational expenses attributable to each SRO,
including without limitation the costs of training and equipping each SRO with a fully
equipped police vehicle, a handheld radio, and uniforms ("Expenses"). The
reimbursement rate for Expenses for the Term spanning 2013-2014 will be
$8,850.00 per officer if the officer is equipped with a police vehicle, and $1,785.00
per officer if the officer is not equipped with a police vehicle. Expenses
reimbursement will be invoiced by City in October of each year and shall be paid by
District within thirty (30) days of receipt of said invoice.
4. City will provide ten SROs to District, comprised of nine Police Officers and one
Supervisor. District may unilaterally adjust the number of SROs provided by City by
notifying City of such change in writing no later than April 1 prior to the start of the
Term. If either party wishes to change the number of SROs after April 1, such
change shall only be effective if mutually agreed upon in writing by both parties. If
the number of SROs is changed, District's billing will be adjusted on a pro rata
basis. Absences by officers assigned to District as SROs shall be covered by City's
temporarily assigning other police officers for the duration of said absence.
5. The term of this Agreement shall be for one (1) year, commencing on the effective
date reflected herein, terminating on the same day of the year 2014. District will
reimburse City for Compensation and Expenses incurred for SROs up to the
effective date of termination of this Agreement.
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 manner in
which it is performed. District will have the right to allocate the SRO positions
amongst District's various facilities as it sees fit, but City will control assignment of
specific officers 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
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.
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
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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.
In witness whereof, the parties have hereunto set their hands and signatures on the date
first above mentioned.
Pearland Independent School District.
By:
t•k
CITY OF PEARLAND,
a Texas municipal corporation
By: 001 -
Bill Eisen, Ci Manager
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STATE OF TEXAS
BRAZORIA COUNTY
4 This instrument was acknowledg d pre me on this b2C/15 day of
, 201
._ 3, by JO /? g/ , on behalf of
Notary Public, State of Texas ti .:77. BOBBIE RAE DAWSON
My y, mission E -s: N 4.. Not�sry Put , of Te xas
/� \ of1 My Commission Expires:
05/07/2014
STATE OF TEXAS
BRAZORIA COUNTY
This instrument wa acknowledged before me on this ; -%a' day of
I- t wz) l , 20111,-.6y Bill Eisen, 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: t
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