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HomeMy WebLinkAboutResolution No. 2013-052 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2013 - OC_, A RESOLUTION OF THE CITY OF THE COLONY, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF THE COLONY AND LEWISVILLE INDEPENDENT SCHOOL DISTRICT FOR SCHOOL RESOURCE OFFICER SERVICES IN THE PUBLIC SCHOOLS LOCATED IN THE CITY OF THE COLONY, DENTON COUNTY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the parties hereto are political subdivisions of the State of Texas; and WHEREAS, Chapter 791 of the Government Code Interlocal Governmental Cooperation Act provides for contractual agreements between governmental entities; and WHEREAS, the City Council has determined that it would be in the best interest of citizens of The Colony to enter into the Interlocal Cooperation Agreement with Lewisville Independent School District for School Resource Officer services in the public schools located in the City of The Colony, Denton County; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the Mayor of the City of The Colony, Texas is hereby authorized and empowered to execute an Interlocal Cooperation Agreement with Lewisville Independent School District for School Resource Officer services in the public schools located within the City of The Colony, Denton County. Section 2. That reimbursement to the City for salary and benefits for the School Resource Officers shall be at a rate of fifty-percent (50%). Section 3. That a true and correct copy of the Interlocal Cooperation Agreement is attached hereto and incorporated herein. Section 4. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas this 15th day of October, 2013. 0 Joe McCot~fry, Mayor 'City of The Colony, as r A TES. hristi ~Wilson, TRMC, City Secretary 3: t A-~ APPROVED AS TO FORM: v- F Jeff Moore, City Attorney l RESOLUTION LEWISVILLE INDEPENDENT SCHOOL DISTRICT STATE OF TEXAS § COUNTY OF DENTON § WHEREAS, it is in the best interest of the citizens of the City of The Colony (the "City") and of the Lewisville Independent School District (the "School District") for local governments to cooperate, where possible, in the provision of governmental functions and services where such cooperation will result in a more efficient, higher quality and/or more cost-effective provision of such functions, and services; and WHEREAS, the City and the School District are authorized to enter into an Interlocal Agreement under Chapter 791 of the Texas Government Code (the "Act") for the provision of governmental functions and services; and WHEREAS, the City and the School District desire to retain the School Resource Officer Program at School District campuses located in the City of The Colony; and WHEREAS, the City has full-time commissioned peace officers in its employee capable of providing School District law enforcement services; and WHEREAS, the School District has found, and hereby declares, it is in need of law enforcement services to (1) protect the safety and welfare of its students, employees, and other persons authorized to be on School District property; and (2) protect the real and personal property of the School District; and WHEREAS, the School District desires to utilize the law enforcement services and personnel of City for those functions and purposes and the City desires to provide the School District the agreed upon law enforcement functions and services; and NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Lewisville Independent School District that the School District finds that this program or undertaking is necessary for the benefit of the public and that the School District has the legal authority to provide the governmental function or service which is the subject matter of this School Resource Officer Interlocal Agreement; furthermore, the School District finds that the performance of this School Resource Officer Interlocal Agreement is in the common interest of both the City and the School District, and in paying for the 1 performance of governmental functions or in performing such governmental functions, the School District shall make payments only from current revenues available to the School District. BE IT FURTHER RESOLVED by the Board of Trustees of the Lewisville Independent School District that the School District is hereby authorized to negotiate and enter into a School Resource Officer Interlocal Agreement with the City of The Colony, a municipality of the State of Texas, for a School Resource Officer Program as listed in the School Resource Officer Interlocal Agreement attached hereto as Exhibit "A.", upon the terms and conditions hereby approved by the Board of Trustees. BE IT FURTHER RESOLVED that the School Resource Officer Interlocal Agreement attached hereto as Exhibit "A" is approved and adopted in its entirety by the Lewisville Independent School District Board of Trustees, provided that revisions, addendums and amendments may be made that are in accordance with the terms of this Resolution. BE IT FURTHER RESOLVED that the President, Vice President, Secretary of the Board of Trustees, the Superintendent of Schools, and the Executive Director of Purchasing are each authorized to negotiate and sign on behalf of the Lewisville Independent School District the School Resource Officer Interlocal Agreement, or a School Resource Officer Interlocal Agreement that is similar in form and substance to the attached Exhibit "A" including any revision, addendum, or any amendment thereto, and any other document necessary to close this transaction or effectuate the purposes of this Resolution. BE IT FURTHER RESOLVED that the School District Administration is authorized to take any and all appropriate action to accomplish and effectuate the purposes of this Resolution. 2 PASSED, APPROVED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE LEWISVILLE INDEPENDENT SCHOOL DISTRICT, DENTON COUNTY, TEXAS on the 7th day of October, 2013. LEWISVILLE INDEPENDENT SCHOOL DISTRICT fs B Chr r, President Board rustees ATTE T - B / Trisha Sheffie d, Secretar Board of Trustees 3 EXHIBIT "A" [To Be Attached] 4 STATE OF TEXAS § COUNTY OF DENTON § SCHOOL RESOURCE OFFICER INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT, made and entered into on the date of the last signature hereon as shown below ("the Effective Date"), by and between the LEWISVILLE INDEPENDENT SCHOOL DISTRICT in Denton County, Texas (referred herein to as "District" or "School District"), acting by and through its Board of Trustees, and the City of The Colony, Texas (referred herein to as "City"), acting by and through its City Council, is for the purpose of establishing a School Resource Officer (referred herein as to SRO) Program in the School District, in the City of The Colony, Texas. WITNESSETH: WHEREAS, the Texas State Legislature has authorized the use of Interlocal cooperation agreements between and among governmental entities; and WHEREAS, this Interlocal Cooperation Agreement ("Agreement") is made under the authority granted by and pursuant to the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended and as otherwise provided herein, relative to the joint authorization by the School District and the City to provide a governmental service or function for which each party is authorized to perform individually; and WHEREAS, the governing bodies find that the performance of this Agreement is in the common public interest of both parties, and the School District and the City will mutually benefit from the SRO Program to combat juvenile delinquency, to personally assist students with various problems involving potential involvement with law enforcement, to develop and maintain positive relations between students and City police officers and to assist the School District in maintaining a safe, orderly, and secure environment to learning; and WHEREAS, the parties, in paying for the performance of governmental functions or in performing such governmental functions, shall make payments therefor only from current revenues legally available to each party; and WHEREAS, the School District and the City intend to provide law enforcement education and related services to the public schools of the School District in the City as hereafter described; and NOW, THEREFORE, for and in consideration of the mutual agreements contained herein, the parties do hereby agree as follows: ARTICLE I TERM OF AGREEMENT The initial term of this Agreement shall begin on the Effective Date, and shall continue through September 30, 2014. This Agreement shall automatically renew for one (1) year terms, beginning on October 1, 2014, unless terminated by either party in accordance with the terms contained herein. ARTICLE II OBLIGATIONS OF THE CITY The obligations of the City shall be fulfilled by The Colony Police Department raider the direction of the Chief of Police ("Chief') or his designee. The obligations of the Chief and the School Resource Officers (SROs) are as follows: A. Provision of School Resource Officers. Unless otherwise indicated below, the Chief shall assign two (2) regularly employed police officer(s) to work at Griffin Middle School, Lakeview Middle School and The Colony High School located within the City. Although the SROs will be assigned to the schools listed above, the SROs can serve as a resource to all campuses within The Colony if requested by LISD personnel. B. Selection of School Resource Officers. The Chief or his designee shall select the SROs considering the following evaluation criteria. Campus Principals will be allowed to meet the candidates for any new SRO assignments and provide, if any, their concerns to the Chief before his or her selection. The Chief or his designee may change or replace an SRO with another officer who also meets the criteria below: 1. The SROs must have the ability to deal effectively with students. The ages, socioeconomic, cultural and racial composition of the students of the particular school should be considered in making this evaluation. 2. The SROs must present a positive image and be an appropriate symbol of the entire police department. A goal of the SRO program is to foster a positive image of police officers among young people. Therefore, the personality, grooming, and communication skills of the SROs should be of such a nature that a positive image of the police department is reflected. 3. The SROs must have the ability to provide good quality information and educational services in the area of law enforcement. 4. The SROs must have the desire and ability to work cooperatively with the School District staff, Principals, the administrative staff and school officials. 5. The SROs must be State Certified Law Enforcement Officers. 6. The SROs must have or receive the basic SRO training, preferably in the summer, through the National Association of School Resource Officers (NASRO) within their first year of assignment as an SRO. 7. The SROs must meet any other criteria the Chief deems appropriate. C. Normal duty hours of School Resource Officers. The SROs shall perform his or her duties during regular school days and regular school hours, not including official school holidays or summer school or required training. When not performing such duties, the Chief may assign the officers to other duties. SROs will notify the Campus Principal or his designee via email in advance of a planned leave if such leave or time off would conflict with school duties. The City will provide a substitute SRO, at no additional charge, in the event a SRO cannot perform his or her duties for School District for five (5) or more consecutive days. D. Duties of School Resource Officers. While on duty, SROs shall perform the following duties: 1. Speak to classes on the law, including search and seizure, criminal law, motor vehicle laws, and other topics. 2. Act as a resource person in the area of law enforcement education. 3. Conduct or assist in criminal investigations of violations of law on school property. 4. Provide a law enforcement resource when necessary to maintain the peace on School District property. 5. Make arrests and referrals of criminal law violators using his/her discretion. 6. Provide counseling to students at the request of the school staff, at the request of a student or parent or when the SRO feels it is in the best interest of the student. In the event the counseling relates to such things as depression, addiction, family counseling matters or other non-police related matters, the student should be referred to the School Counselor. 7. Make referrals to social services agencies. 8. Wear an official police uniform which shall be provided at The Colony Police Department's expense; however, civilian attire may be worn on some occasions with prior approval by the Chief. 9. Perform other duties mutually agreed upon by the Superintendent and the Chief, provided the performance of such duties is legitimately and reasonably related to the SRO Program as described in this Agreement, and such duties are consistent with state and federal law and the policies and procedures of the School District and the City. 10. Any off-campus activity requiring the services of the SROs shall be contingent on the approval of the Chief or his designee. 11. Follow and conform to all School District policies and procedures that do not conflict with the policies or procedures of the City. The parties to this Agreement shall abide by all rules, regulations and procedures as authorized by state or federal laws. 12. Coordinate with school administrators, staff, other law enforcement agencies and courts to promote order on school campuses. 13. Make presentations to civic groups. 14. Participate, upon request and with approval of the Chief or his designee, with school/student committees. 15. Any other duties as directed by the Chief. E. Support Services to be provided by the City. The City, acting through its Police Department, shall continue to provide police services to the School District with the positions of the SROs as an enhancement. ARTICLE III OBLIGATIONS OF THE DISTRICT The School District shall provide the SROs, in each school to which an SRO is assigned, the following materials and facilities: 1. Access to a private office to be used for general business purposes which is air conditioned and properly lighted. 2. A locking file cabinet and location for files and records which can be properly locked and secured. 3. A desk with drawers, a chair, worktable, and office supplies (i.e., paper, pencil, pens, etc.). 4. A computer connection that allows for network access to police records management and report writing portals. 5. A telephone. ARTICLE IV EMPLOYEE STATUS OF SRO The SROs shall be employees of the City and not employees of the School District. The City shall be solely responsible for the hiring, training, discipline, and dismissal of City persomlel. The City and its SROs shall be deemed independent contractors with the School District, and not an agent or representative of the School District. A performance evaluation of each SRO will be conducted by the campus Principal at the end of each school year and the results will be provided to the Chief for review with any formal requests for his or her consideration. The supervisory personnel of the SRO who are responsible for his or her direct supervision shall be available at all reasonable times to report to and confer with designated officials of the School District. ARTICLE V PAYMENT In consideration of the services provided herein, the City shall invoice the School District, and the School District shall pay the City fifty percent (50%) of the costs for the SROs' salary and benefits. The School District shall bear no other expenditures. Payment shall be in three (3) equal payments as compensation for the contracted services of the two (2) SROs made on December 1, March 1, and June 1 of each Fiscal Year. In the event the School District and the City determine there is a need for an additional assignment, the City shall provide an additional SRO under the same terms and conditions as described herein. The cost to the School District for any additional SRO shall be pro-rated on a per month, per officer basis for the remainder of the City's Fiscal Year. The pro-rated amount shall apply to any partial budget year upon enactment of this Agreement as well. ARTICLE VI INDEMNITY TO THE EXTENT ALLOWED BY LAW, THE CITY SHALL INDEMNIFY, SAVE AND DEFEND AND HOLD HARMLESS THE SCHOOL DISTRICT OF AND FROM ANY AND ALL CLAIMS, DEMANDS, SUITS, ACTIONS, ATTORNEY FEES AND COSTS, CAUSES OF ACTION AND LIABILITY, OF ANY KIND WHATSOEVER, IN LAW OR EQUITY, ARISING FROM OR CONNECTED DIRECTLY OR INDIRECTLY TO ANY ALLEGED MISCONDUCT, NEGLIGENCE, INJURY, WORKERS COMPENSATION CLAIM, ACTION, INACTION, OR OTHER ACTIVITY BY THE SROS ALLEGED BY ANY PERSON OR ENTITY TO HAVE ANY CONNECTION WHATSOEVER TO THE SCHOOL DISTRICT. THE OBLIGATIONS PROVIDED IN THIS ARTICLE SHALL SURVIVE TERMINATION OR COMPLETION OF THE TERM OF THIS AGREEMENT, OR ANY EXTENSIONS HEREOF. ARTICLE VII CHANGES TO AGREEMENT Changes in the terms of this Agreement may be accomplished only by formal amendment in writing approved by both the City and the School District. ARTICLE VIII PROBLEM RESOLUTION Unforeseen difficulties or questions shall be resolved by negotiation between the Superintendent of the School District and the Chief of Police of the City, or their designees. ARTICLE IX TERMINATION OF AGREEMENT This Agreement shall thereafter automatically extend and renew for additional one-year periods, as discussed in Article I above, unless written notice of intent to terminate the Agreement is given by either party at least ninety (90) days in advance of termination, except that both entities may mutually agree to terminate this Interlocal Agreement without ninety (90) days advance notice if approved by The Colony City Council and the Lewisville Independent School District Board of Trustees. Notice shall be given to the Parties at the following addresses: If to City: Chief of Police City of The Colony 5151 North Colony Boulevard The Colony, Texas 75056 If to School District: Superintendent of Schools Lewisville Independent School District 1800 Timbercreek Road Lewisville, Texas 75028 Termination of this Agreement may only be accomplished as provided herein. In the event this Agreement is terminated, compensation shall be made to the City for all services performed to the date of termination. ARTICLE X GENERAL PROVISIONS A. This Agreement contains the entire agreement of the parties and supersedes any prior agreements and negotiations. This Agreement replaces the SRO Interlocal Agreement between the School District and the City with an Effective Date of June 10, 2003, and said 2003 Interlocal Agreement is terminated and is of no further force or effect. No verbal or other written promises or representations not specifically reduced to writing and contained herein shall be effective or binding. No modification, amendment, waiver or change of any provision herein shall be effective unless reduced to writing and approved by the governing body of both parties hereto. B. This Agreement is performable in Denton County, Texas, and exclusive venue for any dispute between the parties shall be a court of competent jurisdiction in Denton County. This Agreement is governed by and construed according to the laws of the State of Texas. C. This Agreement is not assignable by either party, and shall be binding on the parties, their officers and employees, and any successors in interest. D. This Agreement is effective only when signed and approved by both parties. AGREED TO: CITY OF THE COLONY, TEXAS LEWISVILLE INDEPENDENT SCHOOL DISTRICT B B ~ _ y: r y. MAYOR, City ldf The Colony PR NT, Board of Trust es f AF ~ ATTEM : / ATTEST: IyTY SECRETARY .-SE RETA Y, Board o Tr stew Date Signed Date Signed