R-2016-167 2016-09-19RESOLUTION NO. R2016-167
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 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 Pearland Independent School
District.
PASSED, APPROVED and ADOPTED this the 19"'day of September,
A.D., 2016.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Resolution No. R2016-167
Exhibit "A"
INTERLOCAL
AGREEMENT BETWEEN
PEARLAND INDEPENDENT SCHOOL DISTRICT AND THE CITY OF PEARLAND
This Agreement is made this / day of September, 2016, 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, inconsideration 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 that
corresponds with District's annually adopted school calendar, plus an additional ten
(10) days (the "Term"), 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.
District will also reimburse City for operational expenses attributable to each SRO,
including without limitation the costs of training and equipping each SRO with afully
equipped police vehicle, a handheld radio, and uniforms. The reimbursement rate
for Expenses for the Term spanning 2016-2017 will be $8,229.00 per officer.
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 eleven (11) SROs to District, comprised of ten (10) 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 2017. 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
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.
1 1. 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:
John P. K h.D.
Superinten• - .f PISD Sc
City of Pearland,
ATexas municipal corporation
Clay Pearson
City Manager
STATE OF TEXAS
BRAZORIA COUNTY
714
This instrument was acknowledged before me on this /_v day of
September, 2016, by John P. Kelly, on behalf of Pearland Independent School
District.
Notary Public, State of Texas
My Commission Expires:
STATE OF TEXAS
BRAZORIA COUNTY
7r!/✓ resatoY.A/✓11.IL8eR'
BOBBIE RAE DAWSON k
Notary Public, State of Texas
My Commission Expires: S
05/07/2018
This instrument was acknowledged before me on this Z.�j-`/ day of
, 2016, by Clay Pearson, City Manager of the City of Pearland, a
Texas home rule municipality, on behalf of said municipality.
Notary Public, State of Texa%
My Commission Expires:
REBECCA A. BOWERY
NOTARY PUBLIC, STATE OF TEXAS
MY COMMISSION EXPIRES
Express December 28. 2018
Notary ID $ 01133751-9