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R-13-09-12-H6 - 9/12/2013RESOLUTION NO. R -13-09-12-H6 WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement with the Round Rock Independent School District for School Resource Officers, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal Agreement with the Round Rock Independent School District for School Resource Officers, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of September, 2013. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk 0112.1304,00281720 INTERLOCAL AGREEMENT BETWEEN THE CITY OF ROUND ROCK, TEXAS AND THE ROUND ROCK INDEPENDENT SCHOOL DISTRICT FOR SCHOOL RESOURCE OFFICERS EXHIBIT This Interlocal Agreement (the "Agreement") is made and entered into by and between the CITY OF ROUND ROCK, TEXAS ("City"), a home rule municipal corporation of the State of Texas, and the ROUND ROCK INDEPENDENT SCHOOL DISTRICT ("RRISD"), a political subdivision of the State of Texas. City and RRISD are herein referred to as the "Parties." WHEREAS, Texas Government Code, Chapter 791, Texas Interlocal Cooperation Act, Sections 791.001 and 791.003(3)(A) allow local governments and political subdivisions of the state to contract with one another to perform governmental functions and services, including for police protection and detention services, as permitted in Section 37.081 of the Texas Education Code; and WHEREAS, the Parties desire to contract with each other for the provision by City of police officers, known as School Resource Officers (herein "SRO"), at schools of RRISD; and WHEREAS, entry into this Agreement would be mutually beneficial and not detrimental to the Parties; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. AUTHORITY This Agreement is entered into between the Parties pursuant to the authority contained in Texas Government Code, Chapter 791, Texas Interlocal Cooperation Act, and in accordance with applicable provisions of Chapter 37, Texas Education Code. The provisions of both are incorporated into this Agreement and this Agreement shall be interpreted in accordance with same. 2. PURPOSE The purpose of this Agreement is to provide for the provision by City of SRO's at schools of RRISD. 3. TERM The initial term of this Agreement shall be from August 1, 2012 through and including July 31, 2014, which shall encompass the school years 2012-2013 and 2013-2014. Any payments made hereunder for services rendered during all or a portion of a school year prior to the actual execution date of this Agreement shall be prorated to accord with the actual time SRO's were supplied. Unless otherwise terminated hereunder, this Agreement shall automatically renew and extend after the initial term for successive one (1) year terms. This Agreement shall remain in full force and effect for such periods. The Parties agree that notwithstanding the automatic renewal provisions, this Agreement does not commit the Parties to renew this Agreement after the initial term unless approved by future action of their respective governing bodies. 4. SERVICES City agrees to provide SRO's at various schools of RRISD situated within the jurisdiction of the Round Rock Police Department. The Parties acknowledge that they will enter into a written agreement prior to the commencement of a school year to specify which schools will be served and the number of SRO's serving same. City agrees, on behalf of the Round Rock Police Department, that the Round Rock Police Department shall provide other officers as, in its sole discretion, manpower and circumstances allow, during regularly -scheduled school hours and sessions. SRO's assigned to specific schools shall be present on their school campus for the entire school day, unless otherwise directed by the Round Rock Police Department to be off - campus for police -related duties related to a public emergency, mandatory training, and non - general internal employment matters. Mutual consent should be obtained for officers to be off campus for reasons not listed above. If it is necessary for the SRO to be off campus for necessary required training or internal employment matters that cannot be otherwise scheduled, the Round Rock Police Department will use its best efforts to provide a trained and qualified substitute SRO for the campus. City and RRISD may agree to have specific SRO's present on their school campus before the school day actually begins. SRO's shall perform duties including but not limited to the following: A. Address all incidents which require law enforcement intervention on campus. B. Maintain high visibility on campus in uniform or in civilian clothes as may be appropriate. C. Coordinate communication between the school and the Round Rock Police Department. D. Assist with campus vehicular and pedestrian traffic control. E. Coordinate all documentation regarding persons who trespass at the school. F. Keep school personnel abreast of current research and safety programs as such evolve. G. Assist with campus safety audit and make safety recommendations to the administration. H. Act as resource for students who have an interest in a career in law enforcement. Act as resource for classroom presentations to students on topics dealing with personal safety, peer pressure, chemical abuse, internet safety, sexual abuse, molestation prevention, Texas Penal Code, City Ordinances, Texas Family Code, conflict resolution, gang involvement alternatives, and other law and safety related topics. J. Act as resource for presentations to faculty and staff in areas dealing with safety awareness, after -hour facility use, crisis prevention and personal safety. K. While the Round Rock Police Department will confer with RRISD regarding the assignment of personnel, the Round Rock Police Department retains the express right to assign or reassign personnel at its sole discretion. L. The officers providing services under this Agreement shall remain City employees at all times. SRO's shall wear their Police Department uniforms or be clearly identifiable as police officers, shall provide their own equipment, and shall utilize marked Round Rock Police Department patrol cars while providing services hereunder. All SRO's providing services under this Agreement shall be acting within the course and scope of their employment by the City at all times while engaged in the performance of the duties contemplated hereunder. The foregoing duties shall in no way relieve City of its obligation to provide routine patrol services to property within RRISD on the same basis as such services are provided to other property within the City. The foregoing services shall be in addition to, and not in lieu of, such routine services. 5. COMPENSATION The Parties expressly agree that City shall pay 3/12 of the annual salary and benefits per SRO assigned to an RRISD site during the school year in accordance with this Agreement, as well as 3/12 of the annual salary and benefits for the SRO supervisor. The remaining 9/12 of the annual salary and benefits per SRO and SRO supervisor shall be paid by RRISD. RRISD, in paying for the governmental services being provided by City through the Round Rock Police Department pursuant to this Agreement, shall make such payments out of current revenues available to RRISD, as required by applicable law. RRISD shall also pay 9/12 of the initial cost to equip a new SRO assigned to RRISD. This payment shall be a one-time payment based on the number of new initial SRO positions assigned to the program. If additional SRO's are assigned to a school, an additional payment for that SRO will be paid by RRISD. RRISD will not be responsible for replacement of equipment nor payment for new equipment when new or replacement SRO's are assigned unless additional SRO's are assigned to a school. The amount of the payment, subject to updating by City in relation to actual changed costs, and the list of equipment is delineated on Exhibit "A" which is attached hereto and incorporated herein by reference for all purposes. RRISD shall also pay all costs of any special training required for SRO officers to provide services pursuant to this Agreement. Such costs shall be submitted to RRISD in the invoices referenced below in this Section 5: Compensation. In the event grants for payment of all or part of the cost of SRO's and equipment are renewed from sources other than City and RRISD, such grants shall reduce the total cost of SRO's to RRISD and City and RRISD shall divide the remaining costs as provided herein. City shall provide an invoice to RRISD within fifteen (15) days after the ending date for each semester of the regular school year. The invoice following the end of the first semester shall be for an amount equal to fifty percent (50%) of the previous school year's costs to RRISD, and RRISD shall pay the invoiced amount within thirty (30) days of receipt. The invoice following the end of the second semester shall be for an amount equal to the remaining balance due for the current year based on the costs to RRISD as outlined herein, and RRISD shall pay the invoiced amount by June 30 of that year. 6. NOTICE Any notice given hereunder shall be in writing, and may be effected by personal delivery or by registered or certified mail, return receipt requested, at the address of the respective parties indicated below: District: Superintendent Round Rock Independent School District 1311 Round Rock Avenue Round Rock, TX 78681 Copy to: William H. Bingham McGinnis, Lochridge & Kilgore 600 Congress Avenue, Suite 2100 Austin, Texas 78701 Department: Round Rock Police Department 2701 North Mays Round Rock, TX 78665 City: City of Round Rock 221 East Main Street Round Rock, TX 78664 and City Attorney Stephan L. Sheets 309 East Main Street Round Rock, TX 78664 The foregoing addresses for notice may be changed by either City, RRISD, or the Round Rock Police Department by delivering written notice of such change to the other parties, in accordance with the requirements of this Section 6: Notice. 7. GENERAL PROVISIONS A. Interlocal Cooperation. RRISD and City agree to cooperate with each other, in good faith, at all times during the term hereof in order to effectuate the purposes and intent of this Agreement. Each party hereto acknowledges and represents that this Agreement has been duly authorized by their respective governing body. B. Entire Agreement: Amendments. This Agreement contains the entire agreement between the parties respecting the subject matter hereof, and supersedes all prior understandings and agreements between the parties regarding such matters. This Agreement may not be modified or amended except by written agreement duly executed by the parties hereto. C. Interpretation. The parties acknowledge and confirm that this Agreement has been entered into pursuant to the authority granted pursuant to the Interlocal Cooperation Act. All terms and provisions hereof are to be construed and interpreted consistently with such Act. D. Invalid Provisions. Any clause, sentence, paragraph or article of this Agreement which is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect shall not be deemed to impair, invalidate, or nullify the remainder of this Agreement. E. Applicable Laws. This Agreement shall be construed in accordance with the laws and Constitution of the United States and the State of Texas. All obligations hereunder are performable in Williamson County, Texas, and venue for any action arising hereunder shall be in Williamson County, Texas. F. Termination of Agreement. This Agreement may be terminated by either party upon thirty (30) days written notice; provided, however, that RRISD shall be responsible for payment due to City for officers provided to RRISD prior to the termination of this Agreement, and such payments shall be made in accordance with Section 5: Compensation. ROUND ROCK INDEPENDENT SCHOOL DISTRICT By: Printed Name: Title: Date Signed: CITY OF ROUND ROCK, TEXAS By: Printed Name: Title: Date Signed: For City, Attest: By: Sara L. White, City Clerk For City, Approved as to Form: By: Stephan L. Sheets, City Attorney EXHIBIT "A" The amounts on this list are subject to being updated by City to reflect actual changed costs. Non -Capital Supplies and Equipment Cell Phone 484 Office Supplies 150 Supplies — Investigations 200 Vehicle Equipment 4,500 Computer Software 3,400 UnifoimlEquipment 5,878 Dues and Subscriptions 75 Training 1,000 Weapons Qualifications 400 Capital Equipment Radios 12,821 Standard Patrol Vehicle & Equipment 38,322 Computer (MCT) 5,400 ROUND ROCK, TEXAS PURPOSE. F%SSJOf PROSPERITY City of Round Rock Agenda Item Summary Agenda Number: H.6 Title: Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with the Round Rock Independent School District for School Resource Officers. Type: Resolution Governing Body: City Council Agenda Date: 9/12/2013 Dept Director: Tim Ryle, Chief of Police Cost: Indexes: Attachments: Resolution, Exhibit A Text of Legislative File 13-703 Item Summary: The city has for years had in place an interlocal agreement through which the City and the Round Rock Independent School District share the cost of maintaining in -school officers as part of the Police Department's School Resource Officer (SRO) Program. The proposed item is a new agreement that slightly revises the duties of officers working as SROs, and it changes the terms of compensation to bring them in line with school district agreements with other agencies providing law enforcement services. As part of this agreement, two SROs have been added to the program in this fiscal year; that inclusion was part of the City's 2012-13 budget. Previously, the district paid for one-half of the cost of employing each SRO and the program supervisor for 10 months. Under the new agreement, the school district will annually reimburse the City 9/12 of the cost of each SRO (and the program supervisor) working under the terms of the agreement. In other words, under the previous agreement, the city was compensated for just under 42 percent of cost of employing each SRO; the new agreement compensates the City for 75 percent of the cost of employing SROs. This agreement initially covers the 2013-14 and 2014-15 school years, with an automatic one-year renewal following each year after the initial period. Cost: NA - RRISD will be reimbursing the City (see above). Source of Funds: NA City of Round Rock Page 1 Printed on 9/10/2013 Agenda Item Summary Continued (13-703) Action: Staff recommends approval of this agreement. City of Round Rock Page 2 Printed on 9/10/2013 EXECUTED ORIGINAL DOCUMENT FOLLOW INTERLOCAL AGREEMENT BETWEEN THE CITY OF ROUND ROCK, TEXAS AND THE ROUND ROCK INDEPENDENT SCHOOL DISTRICT FOR SCHOOL RESOURCE OFFICERS This Interlocal Agreement (the "Agreement") is made and entered into by and between the CITY OF ROUND ROCK, TEXAS ("City"), a home rule municipal corporation of the State of Texas, and the ROUND ROCK INDEPENDENT SCHOOL DISTRICT ("RRISD"), a political subdivision of the State of Texas. City and RRISD are herein referred to as the "Parties." WHEREAS, Texas Government Code, Chapter 791, Texas Interlocal Cooperation Act, Sections 791.001 and 791.003(3)(A) allow local governments and political subdivisions of the state to contract with one another to perform governmental functions and services, including for police protection and detention services, as permitted in Section 37.081 of the Texas Education Code; and WHEREAS, the Parties desire to contract with each other for the provision by City of police officers, known as School Resource Officers (herein "SRO"), at schools of RRISD; and WHEREAS, entry into this Agreement would be mutually beneficial and not detrimental to the Parties; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. AUTHORITY This Agreement is entered into between the Parties pursuant to the authority contained in Texas Government Code, Chapter 791, Texas Interlocal Cooperation Act, and in accordance with applicable provisions of Chapter 37, Texas Education Code. The provisions of both are incorporated into this Agreement and this Agreement shall be interpreted in accordance with same. 2. PURPOSE The purpose of this Agreement is to provide for the provision by City of SRO's at schools of RRISD. 3. TERM The initial term of this Agreement shall be from August 1, 2012 through and including July 31, 2014, which shall encompass the school years 2012-2013 and 2013-2014. Any payments made hereunder for services rendered during all or a portion of a school year prior to the actual execution date of this Agreement shall be prorated to accord with the actual time SRO's were supplied. Unless otherwise terminated hereunder, this Agreement shall automatically renew and extend after the initial term for successive one (1) year terms. This Agreement shall remain in full force and effect for such periods. The Parties agree that notwithstanding the automatic renewal provisions, this Agreement does not commit the Parties to renew this Agreement after the initial term unless approved by future action of their respective governing bodies. 4. SERVICES City agrees to provide SRO's at various schools of RRISD situated within the jurisdiction of the Round Rock Police Department. The Parties acknowledge that they will enter into a written agreement prior to the commencement of a school year to specify which schools will be served and the number of SRO's serving same. City agrees, on behalf of the Round Rock Police Department, that the Round Rock Police Department shall provide other officers as, in its sole discretion, manpower and circumstances allow, during regularly -scheduled school hours and sessions. SRO's assigned to specific schools shall be present on their school campus for the entire school day, unless otherwise directed by the Round Rock Police Department to be off - campus for police -related duties related to a public emergency, mandatory training, and non - general internal employment matters. Mutual consent should be obtained for officers to be off campus for reasons not listed above. If it is necessary for the SRO to be off campus for necessary required training or internal employment matters that cannot be otherwise scheduled, the Round Rock Police Department will use its best efforts to provide a trained and qualified substitute SRO for the campus. City and RRISD may agree to have specific SRO's present on their school campus before the school day actually begins. SRO's shall perform duties including but not limited to the following: A. Address all incidents which require law enforcement intervention on campus. B. Maintain high visibility on campus in uniform or in civilian clothes as may be appropriate. C. Coordinate communication between the school and the Round Rock Police Department. D. Assist with campus vehicular and pedestrian traffic control. E. Coordinate all documentation regarding persons who trespass at the school. F. Keep school personnel abreast of current research and safety programs as such evolve. G. Assist with campus safety audit and make safety recommendations to the administration. 2 H. Act as resource for students who have an interest in a career in law enforcement. Act as resource for classroom presentations to students on topics dealing with personal safety, peer pressure, chemical abuse, internes safety, sexual abuse, molestation prevention, Texas Penal Code, City Ordinances, Texas Family Code, conflict resolution, gang involvement alternatives, and other law and safety related topics. J. Act as resource for presentations to faculty and staff in areas dealing with safety awareness, after -hour facility use, crisis prevention and personal safety. K. While the Round Rock Police Department will confer with RRISD regarding the assignment of personnel, the Round Rock Police Department retains the express right to assign or reassign personnel at its sole discretion. L. The officers providing services under this Agreement shall remain City employees at all times. SRO's shall wear their Police Department uniforms or be clearly identifiable as police officers, shall provide their own equipment, and shall utilize marked Round Rock Police Department patrol cars while providing services hereunder. All SRO's providing services under this Agreement shall be acting within the course and scope of their employment by the City at all times while engaged in the performance of the duties contemplated hereunder. The foregoing duties shall in no way relieve City of its obligation to provide routine patrol services to property within RRISD on the same basis as such services are provided to other property within the City. The foregoing services shall be in addition to, and not in lieu of, such routine services. 5. COMPENSATION The Parties expressly agree that City shall pay 3/12 of the annual salary and benefits per SRO assigned to an RRISD site during the school year in accordance with this Agreement, as well as 3/12 of the annual salary and benefits for the SRO supervisor. The remaining 9/12 of the annual salary and benefits per SRO and SRO supervisor shall be paid by RRISD. RRISD, in paying for the governmental services being provided by City through the Round Rock Police Department pursuant to this Agreement, shall make such payments out of current revenues available to RRISD, as required by applicable law. RRISD shall also pay 9/12 of the initial cost to equip a new SRO assigned to RRISD. This payment shall be a one-time payment based on the number of new initial SRO positions assigned to the program. If additional SRO's are assigned to a school, an additional payment for that SRO will be paid by RRISD. RRISD will not be responsible for replacement of equipment nor payment for new equipment when new or replacement SRO's are assigned unless additional SRO's are assigned to a school. The amount of the payment, subject to updating by City in relation to actual changed costs, and the list of equipment is delineated on Exhibit "A" which is attached hereto and incorporated herein by reference for all purposes. RRISD shall also pay all costs of any special training required for SRO officers to provide 3 services pursuant to this Agreement. Such costs shall be submitted to RRISD in the invoices referenced below in this Section 5: Compensation. In the event grants for payment of all or part of the cost of SRO's and equipment are renewed from sources other than City and RRISD, such grants shall reduce the total cost of SRO's to RRISD and City and RRISD shall divide the remaining costs as provided herein. City shall provide an invoice to RRISD within fifteen (15) days after the ending date for each semester of the regular school year. The invoice following the end of the first semester shall be for an amount equal to fifty percent (50%) of the previous school year's costs to RRISD, and RRISD shall pay the invoiced amount within thirty (30) days of receipt. The invoice following the end of the second semester shall be for an amount equal to the remaining balance due for the current year based on the costs to RRISD as outlined herein, and RRISD shall pay the invoiced amount by June 30 of that year. 6. NOTICE Any notice given hereunder shall be in writing, and may be effected by personal delivery or by registered or certified mail, return receipt requested, at the address of the respective parties indicated below: District: Superintendent Round Rock Independent School District 1311 Round Rock Avenue Round Rock, TX 78681 Copy to: William H. Bingham McGinnis, Lochridge & Kilgore 600 Congress Avenue, Suite 2100 Austin, Texas 78701 Department: Round Rock Police Department 2701 North Mays Round Rock, TX 78665 City: City of Round Rock 221 East Main Street Round Rock, TX 78664 and City Attorney Stephan L. Sheets 309 East Main Street Round Rock, TX 78664 The foregoing addresses for notice may be changed by either City, RRISD, or the Round Rock Police Department by delivering written notice of such change to the other parties, in accordance with the requirements of this Section 6: Notice. 7. GENERAL PROVISIONS A. Interlocal Cooperation. RRISD and City agree to cooperate with each other, in good faith, at all times during the term hereof in order to effectuate the purposes and intent 4 of this Agreement. Each party hereto acknowledges and represents that this Agreement has been duly authorized by their respective governing body. B. Entire Agreement: Amendments. This Agreement contains the entire agreement between the parties respecting the subject matter hereof, and supersedes all prior understandings and agreements between the parties regarding such matters. This Agreement may not be modified or amended except by written agreement duly executed by the parties hereto. C. Interpretation. The parties acknowledge and confirm that this Agreement has been entered into pursuant to the authority granted pursuant to the Interlocal Cooperation Act. All terms and provisions hereof are to be construed and interpreted consistently with such Act. D. Invalid Provisions. Any clause, sentence, paragraph or article of this Agreement which is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect shall not be deemed to impair, invalidate, or nullify the remainder of this Agreement. E. Applicable Laws. This Agreement shall be construed in accordance with the laws and Constitution of the United States and the State of Texas. All obligations hereunder are performable in Williamson County, Texas, and venue for any action arising hereunder shall be in Williamson County, Texas. F. Termination of Agreement. This Agreement may be terminated by either party upon thirty (30) days written notice; provided, however, that RRISD shall be responsible for payment due to City for officers provided to RRISD prior to the termination of this Agreement, and such payments shall be made in accordance with Section 5: Compensation. ROUND ROCK INDEPENDENT SCHOOL DISTRICT i By: Printed N I (, S G� Title: QpLhy}i'C.VxtPA1-r' Date Signed: SSC j A t' 24 R CITY OF ROUND ROCK, TEXAS By: Printed Name: tV) WA/4 Title: (�y' Date Signed: f 9 • ( L • 1 For City, Attest: By: Sara L. White, City Clerk 5 For City, Appr i v d as to Form By: �!��i/ /c" LY Stephan L 1. heets, City Attorney 6 EXHIBIT "A" The amounts on this list are subject to being updated by City to reflect actual changed costs. Non -Capital Supplies and Equipment Cell Phone 484 Office Supplies 150 Supplies — Investigations 200 Vehicle Equipment 4,500 Computer Software 3,400 Uniform/Equipment 5,878 Dues and Subscriptions 75 Training 1,000 Weapons Qualifications 400 Capital Equipment Radios 12,821 Standard Patrol Vehicle & Equipment 38,322 Computer (MCT) 5,400