14-R-69 - SCUCISD - Police services for school districtORIGINAL
RESOLUTION NO. 14 -R -69
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL COOPERATION
AGREEMENT WITH THE CITY OF CIBOLO, TEXAS AND THE
SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL
DISTRICT, AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City enter into an interlocal cooperation agreement with the City of Cibolo, Texas ( "Cibolo ")
and the Schertz - Cibolo- Universal City Independent School District (the "District') relating to the
provision of certain police services to the District by the City and Cibolo; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with Cibolo and the District pursuant to the Interlocal Cooperation Agreement attached
hereto as Exhibit A (the "Agreement').
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement with City and the District in substantially the form set forth on Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
50417899.1
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 19th day of August, 2014.
CITY OF SC ITT TEXAS
Mayor
ATTEST:
i
(CITY SEAL)
50417599.1
xt o .
INTERLOCAL COOPERATION AGREEMENT
50417899.1 A -1
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T
Purchasing & Supply
Department
copy
SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT
1060 Elbel Road Schertz, Texas 78154 Phone (210) 945 -6223 Fax (210) 945 -6251 WW W.scuc.txed.net
Higp Achievement For All Students
WHigh- Performing and Engaged Workforce
* Effective and Efficient District and Campus Operations
August 8, 2014
City of Schertz
Attention: City Manager
1400 Schertz Parkway
Schertz, Texas 78154
Reference: Inter -local Agreement for Student Resource Officer Services
Mr. Kessel,
Attached are two original copies of our updated Inter -local Agreement for Student Resource Officer
Services for your review and signature. An electronic copy has been provided to Lt. Correu in your
Police Department. Please return one of the original to our office after it is signed.
In 2011 we entered an agreement with the City of Schertz to provide Student Resource Officers to our
district. The SROs have provided outstanding service to the district since then. This new proposed
agreement builds upon the previous agreement increasing the consideration the original $150,000 to
$170,000 and adding an economic price adjustment clause. This cost includes, salaries, benefits,
personnel related costs, associated costs of providing services, including but not limited to furnishing
adequate and appropriate supplies, equipment, vehicles, supervision and any contractual services
necessary for the performance of this service. We look forward .to a continuing partnership in our
community.
Sincerely,
MA W J. RIVERA
Director, Purchasing & Supply
cc:
Office of the Superintendent
File
* SCUCTSD Mission Statement *
Schertz- Obolo,Universol Oty ISD provides a safe, secure and challenging learning environment, through the responsible use of all resources, to afford
opportunities for all students to realize their individual potential and to become responsible and productive members ofsociety.
INTERLOCAL COOPERATION AGREEMENT BETWEEN
THE CITY OF SCHERTZ, TEXAS, AND
SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT
This Agreement is made and entered into by the City of Schertz, Texas (hereinafter referred to
as " Schertz" and/or "City"), a political subdivision of the State of Texas acting through its City
Council, and the Schertz - Cibolo- Universal City Independent School District (hereinafter
referred to as "SCUCISD "), a political subdivision of the State of Texas acting through its Board
of Trustees ( Schertz and SCUCISD collectively referred to as the "Parties ") and in this regard
hereto mutually agree and state as follows:
WITNESSETH
WHEREAS, Chapter 791 of the Texas Government Code, as amended, entitled Interlocal
Cooperation Contracts, authorizes contracts between political subdivisions for the performance
of governmental functions and services;
WHEREAS, SCUCISD may commission peace officers to provide necessary security
and protection and determine the jurisdiction of such peace officers;
WHEREAS, SCUCISD has determined it is in its best interest to enter into an agreement
with Schertz to provide such services to SCUCISD, and it has specifically authorized the subject
peace officers to carry weapons in performing such services at all SCUCISD schools and
properties within the City's corporate limits within SCUCISD's jurisdiction and SCUCISD's
campuses in Universal City (the "Service Area ");
WHEREAS, Schertz has determined it is in the best interest of its citizens to assign city
police officers to provide enhanced law enforcement services to SCUCISD within the Service
Area, and to patrol areas within the Service Area; and
WHEREAS, SCUCISD is willing to reimburse Schertz for salaries, benefits, and
associated costs, of the officers assigned to provide the services as set out herein.
NOW THEREFORE, in consideration of the mutual covenants and agreements of the
Parties, it is agreed as follows:
The Superintendent of SCUCISD and the City Manager of the City of Schertz are hereby
authorized and directed to execute on behalf of the Parties to this Agreement.
I.
1.1.1 Schertz agrees to assign two (2) police officers from its department to be employed full -
time by Schertz to perform law enforcement services for SCUCISD as School Resource Officers
( "SROs ") in the Service Area. The primary purpose of the SROs is to patrol SCUCISD property
and campuses to protect all students, personnel, and visitors from physical harm; to prevent
property loss due to theft or vandalism; to enforce all laws including municipal ordinances,
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county orders, and State law; and to work in coordination with campus officials and SCUCISD
administration (the "Services "). SROs assigned may also assist in mediating disputes on
campuses in the Service Area, including working with students to help solve disputes in a non-
violent manner; acting as a resource person in the area of law enforcement education at the
request of staff; speaking to classes on the law, search and seizure, drugs, motor vehicle laws,
etc.; and performing other duties as mutually agreed upon; provided that the duty is legitimately
and reasonably related to the Services as described herein and is consistent with Federal and
State law, local ordinances and orders, laws applicable to SCUCISD, SCUCISD's policies,
procedures, rules, or regulations relating to the subject matter of this Agreement, and the
policies, procedures, rules, and regulations of the Schertz Police Department. SCUCISD has
provided Schertz with a complete copy of its policies, procedures, rules, and regulations
applicable to the subject matter of this Agreement and will promptly provide each of them with
any changes thereto.
1.1.2 SCUCISD and Schertz at least annually will evaluate the number of SROs to be provided
and may increase or decrease the number of SROs by mutual agreement. Any change to the
number of SROs covered by this agreement shall be made by amendment in accordance to
Section 9.1.
1.2 SROs shall be hired pursuant to Schertz hiring policies, shall be fully qualified as police
officers in the State of Texas and shall primarily be directed by the Chief of Police and other
officers of the police force of Schertz to patrol and provide a police presence on such properties
and campuses owned or leased by SCUCISD within the Service Area.
1.3.1 SCUCISD agrees to report all incidents on campuses within the Service Area to the
Schertz Police Department in accordance with Chapter 37 of the Texas Education Code. Subject
to SCUCISD's obligations under the Family Educational Rights and Privacy Act (FERPA), 20
U.S.C. §1232g, SCUCISD agrees to provide (a) unrestricted access to student and personnel
records as necessary for the investigation of criminal offenses or to ensure the safety and security
of school campuses or events, and (b) unrestricted access to technology installed at campuses
within the Service Area, including surveillance cameras to provide for the safety and security of
campuses. SROs shall be designated as "school officials" under SCUCISD Policy FL (LOCAL).
SROs shall maintain the confidentiality of student records as required by FERPA.
1.3.2 When an SRO takes a person into custody in the course of duty under this Agreement,
Schertz shall notify SCUCISD of the incident within the time frame required by law and, to the
extent permitted by law, the disposition of the matter. In addition, to the extent permitted by
applicable law, SROs shall report to SCUCISD all information obtained during the investigation
of any reported incident involving a student for the purposes of determining appropriate
disciplinary actions and modifications of education programs as a result of the incident.
1.4 SCUCISD agrees to provide appropriate on- campus office space for SROs.
1.5 SCUCISD agrees to appoint School Attendance officers in accordance with Chapter 25 of
the Texas Education Code who will maintain records, investigate offenses, make notifications,
and file the appropriate violations in the court having jurisdiction over matters of attendance. The
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School Attendance officers may solicit the assistance of peace officers assigned under this
Agreement to detain or escort a student in violation of Chapter 25 of the Texas Education Code.
1.6 SCUCISD agrees to maintain a Multi- Hazard Emergency Operations Plan in accordance
with Chapter 37 of the Texas Education Code. SCUCISD agrees to conduct drills and exercises
required by the statute, jointly with the City of Schertz and other identified stakeholders.
1.7 SCUCISD agrees that the Chief of Police for the City of Schertz or his designee will
serve as a member of the SCUCISD School Safety and Security Committee.
1.8 SCUCISD agrees to appoint a point of contact who will be responsible for the annual
security audit of each campus and who will consult with SROs assigned under this Agreement
for input and review of each campus.
1.9 SCUCISD agrees that Schertz will manage contracts with outside vendors related to
canines utilized for the detection of narcotics and ordinance upon school campuses with the
Service Area. Schertz will coordinate the use of such canines with campus administrations
whenever possible; however, when in the best interest of law enforcement and campus security,
unannounced inspections may occur.
1.10 SCUCISD agrees that services for areas outside of the Service Area or for extracurricular
activities and events within the Service Area outside of normal school hours are not Services
covered under the terms of this Agreement. Nothing in this Agreement prevents SCUCISD from
continuing its practice of hiring off -duty police officers to provide security at sporting events or
other special events. This Agreement shall not govern off -duty peace officers hired for these
purposes.
1.11 SRO duties shall be performed during normal workdays in the active school year, which
generally includes one hundred eighty-seven (187) days during each calendar year. "Normal
workdays" refers to the usual or normal hours the officer may be required to work during any
calendar week. While school is in session, SROs will be assigned to one or more schools on a
full -time basis, forty (40) hours work week, minus any scheduled vacation time, sick time,
training time, court time, or any other police- related activity, including any emergencies such as
civil disasters. Overtime hours that relate to regular law enforcement duties or that reasonably
relate to campus duties must be authorized and approved by the SRO's police supervisor prior to
the.performance of the overtime work and will be paid in accordance with procedures established
by Schertz:
1.12 The Parties agree that every effort should be made to schedule and/or designate vacation
days, compensatory time, and other days off at times when school is not in session or at other
times when the absence of SROs will not otherwise cause unnecessary risks.
1.13 SCUCISD understands and agrees notwithstanding other provisions herein that the SROs
shall at all times be deemed officers and employees of the City of Schertz and shall be primarily
responsible and answerable to and under the command of the Chief of Police of the City of
Schertz.
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1.14 Patrol and other law enforcement duties of the SROs shall be performed with the use of
City-owned vehicles, appropriately marked designating law enforcement services being
performed under authority of Schertz.
1.15 The Parties agree that they will use their best reasonable efforts to coordinate media
relations pertaining to law enforcement incidents and investigations occurring pursuant to this
Agreement prior to the release of information whenever possible. It is understood that,
depending on the nature of an incident, law enforcement personnel may be required to conduct
on scene interviews and/or briefings for the media without prior coordination between the
Parties. Information will only be released by a Party in accordance with established law and its
existing policies and procedures.
II.
2.1 SCUCISD agrees to pay to Schertz from current revenues available for the SROs'
salaries, benefits, and administrative fees in four equal quarterly payments on February 1, May 1,
August 1, and November 1, with the first payment to be due on August 1, 2014 for the purpose
of subsidizing the expenses incurred by Schertz in the employment and retention of police
officers to provide Services on all SCUCISD properties and campuses as herein provided.
Schertz will provide SCUCISD with an invoice at least ten (10) business days prior to each
payment date. The Parties agree at such times as are convenient and necessary to adjust and/or
re- compute the payments as herein provided when there exist circumstances and conditions
making such adjustments necessary and desirable to accomplish the objectives of this
Agreement. In the first twelve months of this Agreement, the consideration paid by SCUCISD
shall be as follows ( "Consideration "):
2.2 The total payable for salaries, benefits, personnel related costs, associated costs of
providing services, including but not limited to furnishing adequate and appropriate supplies,
equipment, vehicles, and any contractual services necessary for the performance of duties in the
first year of the Agreement shall not exceed One Hundred Seventy Thousand Dollars
($170,000.00).
2.2.1 Beginning in the second twelve (12) month period of the initial term of this Agreement,
the Consideration shall be increased by a percentage equal to the percentage increase of the U.S.
Department of Labor, Consumer Price Index for All Urban Consumers (the "CPI -U "), all items,
un- adjusted 12 months ended May of the previous year; provided the city's proposal for a rate
adjustment shall be submitted no later than June 30 of each year, shall contain a copy of the CPI -
U, and shall be attached as an amendment to the Agreement.
2.2.2 In addition to the change in consideration set out in section 2.2.1, if the number of SROs
is changed, the Consideration shall change by mutual agreement.
2.3 SCUCISD certifies that all payments due under this Agreement shall be paid out of the
then current fiscal year funds.
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2.4 All Parties agree that SROs shall be employed by Schertz and, as such, shall be provided
with all salaries and benefits of similarly- situated and classified employees of Schertz.
III.
3.1 The Parties agree that the terms and provisions of this Agreement shall commence at 8
a.m. on August 1, 2014 and shall continue in full force and effect for a three -year period ending
on July 31, 2017 and, subject to agreement on the Consideration by the Parties, shall
automatically annually renew for an additional periods of twelve (12) months, unless the Parties
hereto shall have previously exercised their right to cancel this Agreement as hereinafter
provided.
3.2 This Agreement may be terminated at any time by any Parry, with or without cause, upon
One Hundred Eighty (180) days written notice prior to September 30 of a year delivered by hand
or U.S. Certified Mail to the other Party. No termination will relieve the obligation of SCUCISD
to pay Schertz for any amounts due and payable for Services performed hereunder prior to
termination.
3.3 This Agreement may be terminated by any Party upon not less than thirty (30) days
written notice should another Parry fail substantially to perform in accordance with the terms of
this Agreement through no fault of the Parry initiating the termination.
IV.
4.1 This Agreement shall bind and benefit each Party and their legal successors, but shall not
otherwise be assignable, in whole or in part, by any Party without first obtaining the written
consent of the other Parry.
V.
5.1.1 Notwithstanding any provision to the contrary herein, this Agreement is a contract for
and with respect to the performance of governmental functions by governmental entities.
5.1.2 The Services provided for herein are governmental functions, and the City and SCUCISD
shall be engaged in the conduct of a governmental function while providing and/or performing
any Service pursuant to this Agreement.
5.1.3 The relationship of SCUCISD and the City shall, with respect to that part of any Service
or function undertaken as a result of or pursuant to this Agreement, be that of independent
contractors.
5.1.4 Nothing contained herein shall be deemed or construed by the Parties hereto, or by any
third parry, as creating the relationship of principal and agent, partners, joint venturers, or any
other similar such relationship between the Parties hereto.
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5.2.1 SCUCISD Insurance or Coverage. The City shall have no liability whatsoever for or
with respect to SCUCISD's use of any SCUCISD property or facility, or the actions of or failure
to act by, any employees, subcontractors, agents, or assigns of SCUCISD, and SCUCISD
covenants and agrees as follows:
5.2.2 SCUCISD shall be solely responsible, as between SCUCISD and the City and the agents,
officers, and employees of the City, for and with respect to any claim or cause of action arising
out of or, with respect to any act, omission, or failure to act by SCUCISD or its agents, officers,
employees, and subcontractors, while on SCUCISD property or while using any SCUCISD
facility or performing any function or providing or delivering any service undertaken by
SCUCISD pursuant to this Agreement;
5.2.3 For and with respect to SCUCISD property or SCUCISD's use of any SCUCISD facility,
SCUCISD hereby contracts, covenants, and agrees to obtain and maintain in full force and effect,
during the term of this Agreement, a policy or policies of insurance, or risk pool coverage, in
amounts sufficient to insure SCUCISD and its agents, officers, and employees from and against
any claim, cause of action, or liability arising out of or from the action, omission, or failure to act
by SCUCISD, its agents, officers, employees, and subcontractors in the course of their duties.
5.3.1 City's Insurance or Coverage. SCUCISD shall have no liability whatsoever for the
actions of, or failure to act by, any employees, subcontractors, agents, or assigns of the City, and
the City covenants and agrees as follows:
5.3.2 The City shall be solely responsible, as between the SCUCISD and the City and the
agents, officers, and employees of SCUCISD, for and with respect to any claim or cause of
action arising out of or with respect to any act, omission, or failure to act by the City or its
agents, officers, employees, and subcontractors, while performing any function or providing or
delivering any Service undertaken by the City pursuant to this Agreement;
5.3.3 For and with respect to the Services to be provided by the City to SCUCISD pursuant to
this Agreement, the City hereby contracts, covenants, and agrees to obtain and maintain in full
force and effect, during the term of this Agreement, a policy or policies of insurance, or risk pool
coverage, in amounts sufficient to insure the City and its agents, officers, and employees from
and against any claim, cause of action, or liability arising out of or from the action, omission or
failure to act by the City, and its agents, officers, employees, and subcontractors in the course of
their duties.
5.4 It is specifically agreed that, as between the Parties, each Party to this Agreement shall be
individually and respectively responsible for responding to, dealing with, insuring against,
defending, and otherwise handling and managing its liability and potential liability pursuant to
this Agreement; each Party hereto reserves and does not waive any defense available to it at law
or in equity as to any claim or cause of action whatsoever that may arise or result from the
services provided and /or any circumstances arising under this Agreement. This Agreement shall
not be interpreted nor construed to give to any third party the right to any claim or cause of
action, and neither Schertz nor SCUCISD shall be held legally liable for any claim or cause of
Interlocal Agreement Page 6 of 8 03.10.12
action arising pursuant to, or out of the services provided under, this Agreement except as
specifically provided herein or by law.
5.5 No Party hereto waives or relinquishes any immunity or defense on behalf of itself, its
trustees, councilmembers, officers, employees, and agents as a result of the execution of this
Agreement and the performance of the covenants and agreements contained herein.
VI.
6.1 All correspondence and communications concerning this Agreement shall be directed to:
Schertz: City of Schertz
1400 Schertz Parkway
Schertz, Texas 78154
Attention: City Manager
SCUCISD: Schertz- Cibolo- Universal City Independent School District
1060 Elbel Road
Schertz, Texas 78154
Attention: Superintendent
Notices required hereunder shall be hand - delivered or sent by certified mail, return receipt
requested.
VII.
7.1 This Agreement inures to the benefit of and obligates only the Parties executing it. No
term or provision of this Agreement shall benefit or obligate any person or entity not a Party to
it. The Parties hereto shall cooperate fully in opposing any attempt by any third person or entity
to claim any benefit, protection, release, or other consideration under this Agreement.
VIII.
8.1 If any provision of this Agreement shall be deemed void or invalid, such provision shall
be severed from the remainder of this Agreement, which shall remain in force and effect.
IX.
9.1 This Agreement is the entire agreement between SCUCISD and Schertz as to the subject
matter hereof, and is the sole and only agreement of the Parties and supersedes any prior
understanding or written or oral agreement relative to the subject matter hereof and expressly
supersedes the prior Interlocal Agreement dated May 19, 2011. This Agreement may be
amended only by written instrument duly approved and executed by the Parties in accordance
with the formalities of this Agreement.
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M'-
KI
10.1 The Parties agree this Agreement shall be construed under the laws of the State of Texas,
and obligations under the Agreement shall be performed in Guadalupe County, Texas.
The Parties hereto have executed this Agreement this Oay of gQn� k , 2014.
SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT
By:
Dr. G g Gibson
Superintendent of Schools
Attested
CITY OF SCHERTZ
By:
John ssel,
City Ma
Attested by:
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