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05-43 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 05-43 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING THE MAYOR OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT FOR GOVERNMENTAL SERVICES RELATING TO A SCHOOL RESOURCE OFFICER PROGRAM BETWEEN THE TOWN OF PROSPER AND THE PROSPER INDEPENDENT SCHOOL DISTRICT NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Mayor of the Town of Prosper, Texas, is hereby authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, an Interlocal Cooperation Agreement for Governmental Services relating to a School Resource Officer Program between the Town of Prosper and the Prosper Independent School District. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 14th day of June, 2005. harles wanger, or ATTEST TO: Shanae Jennings, n Secretary INTERLOCAL COOPERATION AGREEMENT FOR GOVERNMENTAL SERVICES RELATING TO A SCHOOL RESOURCE OFFICER PROGRAM BETWEEN THE TOWN OF PROSPER AND THE PROSPER INDEPENDENT SCHOOL DISTRICT THE STATE OF TEXAS§ § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § THIS AGREEMENT (the "Agreement"), entered into this 14th day of June, 2005, by and between the TOWN OF PROSPER (hereinafter called "TOWN") and the PROSPER INDEPENDENT SCHOOL DISTRICT (hereinafter called "PISD"). WITNESSETH: That, WHEREAS, the TOWN desires to enter into an agreement relating to providing certain professional police services to PISD in accordance with the program description and details entitled School Resource Officer Program (see Exhibit A); and WHEREAS, this Agreement is made pursuant to the authority granted to the parties pursuant to the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 791 (the"Act"). WHEREAS, the primary purpose of the School Resource Officer (SRO) Program is the reduction and prevention of crime committed by juveniles and young adults and to promote the safety of children. This is accomplished by assigning a fully outfitted and equipped patrol officer and police vehicle to school facilities on a permanent basis. The SRO Program accomplishes this purpose by achieving the established goals and objectives. Goals and objectives are designed to develop and enhance rapport between youth, police officers and school administrators. Officers who are chosen for this program are responsible for establishing the communication links and creating a free flow of information between all parties involved. WHEREAS, the goals of the SRO Program are as follows: 1. Reduction of criminal offenses committed by juveniles and young adults. 2. Establish rapport with the students. 3. Establish rapport with the parents, faculty, staff, administrators and other adults. 4. Create and expand programs with vision and creativity to increase student participation, which will benefit the students, the school district, the police department, and the community. 5. Present a positive role image for students and adults. 6. Provide safety for students, faculty, staff and all persons involved with the school district. NOW, THEREFORE, the parties hereby do mutually agree as follows: Scope of Agreement; Duties and Responsibilities: TOWN shall provide one (1) licensed police officer for the PISD School Resource Officer Program, as set forth in Exhibit A, in the 2005-2006 school year and for the remainder of the 2004-2005 school year from the date of execution of this Agreement. The duties of the SRO and each party are described in Exhibit B. Exhibit B is incorporated as if fully set forth in the body of this Agreement for all purposes. II. Term of Agreement: The term of this Agreement shall be for a period beginning upon the date of execution and ending July 31, 2006. This Agreement may be renewed for one (1) year periods beginning August 1st of each year, upon the written approval of the Prosper Town Council and the Prosper Independent School District Board. III. Payment for Services: For the 2004-2005 and 2005-2006 fiscal years, respectively, costs shall be allocated in accordance with the table attached hereto as Exhibit C (the "SRO Fees"). PISD shall pay its portion of the 2004-2005 SRO Fees to the Town within fifteen (15) days of the execution of the Agreement. PISD shall pay its portion of the 2005-2006 SRO Fees to the TOWN in twelve (12) equal monthly installments. Such monthly payments shall be due and payable on the fifteenth (15th) day of each month for every month over the term of this Agreement; the first payment being made by August 15, 2005 and the last payment being made by July 15, 2006. If PISD fails to make payment to TOWN within thirty (30) days from the date of execution of this Agreement or if such monthly payments become sixty (60) days delinquent, TOWN may terminate this Agreement by giving notice as provided in this Agreement. PISD shall be liable for all services rendered up to the time of termination. Both parties acknowledge that the costs outlined in the tables are estimates and, therefore, subject to change. In no event, shall either party's actual costs exceed 10% of the amounts identified in the tables without written approval of the TOWN and PISD. The parties intend that the amounts owed by each party - shall be equal and they shall reasonably work together to fairly apportion costs in the case of a material variance from the estimates in Exhibit C. PISD shall not be relieved of its obligation to pay the entire amount described in this Agreement in the event that TOWN exercises its right to temporarily reassign the resource officer for a period not to exceed three (3) working days when, in the sole judgment of TOWN, their service is required in response to a Townwide or major emergency, or in the event that the resource officer is absent due to sickness, injury, training or court appearances. However, TOWN agrees to exercise its best efforts to obtain a replacement for the assigned officer in the event of the officer's absence for any reason. Iv. Organizational Structure: 1. A uniformed police officer designated as a School Resource Officer (SRO) will be assigned to PISD campuses, and will directly report to the Chief of Police, or his designee. The SRO shall have a properly equipped police vehicle and other necessary equipment available for his/her use in performing his/her duties and responsibilities. 2. The SRO is a police officer first, employed by the Town's Police Department and responsible for carrying out all duties and responsibilities as a police officer. The SRO has enforcement responsibilities where criminal matters are concerned, including Local, State and Federal laws. 3. The SRO reports directly to the Chief of Police, or his designee, regarding all matters pertinent to their position and function. The SRO will not involve themselves in administrative personnel matters of PISD which are not criminal offenses. 4. PISD campus principals shall have operational oversight to coordinate efforts for their individual needs. 5. In the case of any unresolved conflict, the Chief of Police and the PISD Superintendent shall consult on the best course of action. The Chief of Police shall have final authority and final responsibility for operational control of the SRO Program. 6. Local, State and Federal law will prevail over PISD policies and procedures. 7. The monthly reports, end of semester reports and any other reports required to be prepared herein shall be combined into a yearly evaluation report at the end of each school year by the parties. Such yearly evaluation report constructed by the Chief of Police and PISD Superintendent shall be presented to the Town Council and PISD School Board. 8. Conflicts involving violence or other dangerous situations should be reported immediately to the Chief of Police and PISD Superintendent. V. Relationship: TOWN is and at all times shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which the SRO is assigned to the SRO Program and the way TOWN performs the services required by the terms of this Agreement. Nothing herein shall be construed as creating the relationship of employer and employee, or principal and agent, between PISD and TOWN or any of TOWN's agents or employees. TOWN assumes responsibility for the acts of its employees as they relate to the services provided during the course and scope of their employment. TOWN, its agents and employees, shall not be entitled to any rights or privileges of PISD employees and shall not be considered in any manner to be PISD employees. VI. Selection of SRO: When a SRO position becomes available, notice will be made to all sworn employees through regular postings. The Town shall be responsible for posting SRO position availability and accepting applications. Applicants should have at least one (1) year experience as a SRO or at least two (2) years police experience. The PISD will be consulted with about the selection, and officers tentatively selected to fill the SRO position will meet with school officials prior to final staffing. The Chief of Police and the Superintendent will attempt to reach an agreement regarding the selection of the SRO, however, the Chief of Police will be the final deciding authority on SRO staffing. Selection criteria will include, but will not be limited to: oral presentation; performance reports; experience; and interpersonal skills. VII. SRO Duties and Responsibilities: Basic responsibilities of the SRO will include but will not be limited to: Provide information concerning questions about law enforcement topics to students and staff. Provide classroom instruction on various law-related topics. Coordinate investigative procedures between police and school administration. Provide limited counseling to students with personal problems. Counsel with parents and staff as necessary. Handle initial police reports of crimes committed on campus. Take enforcement action on criminal offenses when appropriate. Wear police uniform at all times, or other apparel as approved by both the Police Department and PISD. Provide a secure environment during events and functions, as appropriate, when requested by a PISD representative and as approved by Police Administration. Keep school administration/office staff informed when off-campus. When practical, as mutually determined by TOWN and PISD, attend school special events. The costs of any overtime required to be paid by the TOWN to the SRO for attending a school special event pursuant to this Agreement shall be shared equally between TOWN and PISD (the "overtime costs"). PISD shall, within fifteen (15) days of receiving notice from TOWN, tender to TOWN its portion of the overtime costs paid in accordance with this Agreement. When possible and practical, divert juveniles out of the criminal justice system into other social agencies. Provide instructional teaching services in the area of narcotics, safety, public relations, occupational training and leadership and life skills. Prepare lesson plans as necessary for the presentation of approved topics. • Coordinate directly with campus principals regarding the individual needs of their campus or the District. • Provide a monthly progress report to the Chief of Police and a copy of the report to the PISD Superintendent. • Use a common sense approach to enforcement and conduct self in a professional manner. • Report all situations involving violence or other dangerous situations to the Chief of Police and PISD Superintendent as soon as possible. • Enforce all local, state, and federal laws and regulations. VIII. School District Responsibilities: The responsibilities of PISD will include, but not be limited to: Provide access and encourage classroom participation by the SRO. Provide space for the SRO to work and counsel with students and parents on campuses. • Provide the SRO with information and training on school procedures and policies, including those to be enforced by the SRO. Provide the opportunity for the SRO to address teachers and administrators about the SRO Program, goals and objectives. Seek input from the SRO regarding criminal justice problems relating to students. • Notify the Chief of Police immediately if a conflict arises between the SRO and a PISD representative. • Allow campus principals to coordinate directly with the SRO regarding the individual needs of their campus. • Each campus principal shall provide a written evaluation of the SRO project to the PISD Superintendent, with a copy to the Chief of Police, at the end of each semester stating positive outcomes and areas that need improvement. IX. Student Consultation: The SRO is not intended to replace any school counselor nor is he/she to conduct or offer any formal or clinical psychological counseling. The SRO will advise students on responsibilities and procedures concerning criminal matters. The SRO will give advice to help resolve issues between students that involve matters that may result in criminal violations, disturbances or disruptions. Student confidentiality must be maintained in compliance with the Family Education Rights and Privacy Act ("FERPA"). The SRO should not, in most cases, go to the homes of students except in actual emergencies or under conditions that warrant such a visit. Should a school administrator request an SRO make or accompany - school staff on a home visit, the SRO should notify the Chief of Police or appropriate supervisor prior to the visit, and the TOWN's policies/procedures shall prevail with regard to the requested home visit. Under emergency or exigent circumstances, such notification may occur after the fact. X. Enforcement: Although the SRO has been placed in a formal education environment, he/she is not relieved of the official duties as an enforcement officer. Decisions to intervene normally will be made when it is necessary to prevent violence, a breach of the peace, personal injury or loss of property. Citations should be issued and arrests made when appropriate and under department policy. When immediate action is needed and the SRO is not available, another officer may be dispatched to the school. The SRO should investigate and prepare reports on all minor offenses committed at the schools. Other department personnel may be summoned, as the SRO deems necessary. Xl. Scheduling: Hours - Normally the SRO will work school hours Monday through Friday. However, there may be occasions when this schedule is altered because of court appearances, sickness, injury, training and special assignments. The SRO is still considered a non-exempt employee under the Fair Labor Standards Act and is subject to its provisions as well as Police Department and TOWN policy relating to overtime. All overtime requests will be reviewed and approved by Police Administration. Holidays and vacation — The SRO will accrue holidays and vacation at the rate allowed by TOWN policy. However, holidays and vacations may be scheduled to coincide with school holidays or when schools are closed. SRO training should be accomplished during these periods or during the summer when school is not in session, if reasonably practical. Substitution - Substitution for the SRO by another officer will only be considered through a request to Police Administration and only on the joint written approval of Police Administration and PISD. Typically, this will only be considered for an extended leave. XII. Summer Activity: The SRO should accomplish as much of the required training as possible during the summer months when school is not in session, if reasonably practical. The SRO may still be involved in some summer projects with PISD. However, he/she will probably spend the majority of this time on police department assignments. XIII. Availability of Funds: Each party shall make payments required hereunder from current revenues, as required by the Act. XIV. Insurance: TOWN is insured, and upon request by PISD, shall provide PISD documentation of its coverage, said coverage to meet the reasonable approval of PISD. TOWN shall also provide, during the term of this Agreement, worker's compensation insurance, including liability coverage, in the amounts required by Texas state law, for any employee engaged in work under this Agreement. As to all insurance provided by TOWN, it shall provide PISD with documentation, upon request, indicating such coverage prior to the beginning of any activities under this Agreement. XV. Termination: This Agreement may be terminated by either party at its sole option and without prejudice by giving ninety (90) days written notice of termination to the other party. Upon termination of this Agreement, the TOWN will assume any and all fiscal responsibilities for the officer from and after the effective date of termination. XVI. Assignment of Agreement: Neither party shall assign, transfer, or sub-contract any of its rights, burdens, duties or obligations under this Agreement without the prior written permission of the other party to this Agreement. XVII. Waiver: No waiver of a breach or any provision of this Agreement by either party shall constitute a waiver of any subsequent breach of such provision. Failure of either party to enforce at any time, or from time to time, any provisions of this Agreement shall not be construed as a waiver thereof. XVIII. Place of Performance; Venue: Venue shall be in Collin County, Texas. The laws of the State of Texas shall govern the interpretation, validity, performance, and enforcement of this Agreement and the exclusive venue for any legal proceedings involving this Agreement shall be Collin County, Texas. XIX. Notices: Notices to PISD shall be deemed given when delivered in person to the Superintendent of Schools of PISD, or on the next business day after the mailing of said notice addressed to said PISD by United States mail certified or registered mail, return receipt requested, and postage paid at 605 East 7th Street, Prosper, Texas 75078. Notices to TOWN shall be deemed given when delivered in person to the Town Manager or on the next business day after the mailing of said notice addressed to said TOWN by United States mail, certified or registered mail, return receipt requested, and postage paid at P.O. Box 307, Prosper, Texas 75078. XX. Severability Provisions: If any provisions of this Agreement are held to be illegal, invalid or unenforceable under present or future laws, (1) such provision shall be fully severable; (2) this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provisions had never been a part of this Agreement; and (3) the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement. XXI. Entire Agreement of Parties: This Agreement and all exhibits shall be binding upon the parties hereto, their successors and assigns, and constitutes the entire agreement between the parties. No other agreements, oral or written, pertaining to the performance of the Agreement exists between the parties. This Agreement can be modified only by an agreement in writing, signed by both parties. XXII. Immunity: TOWN and PISD agree that neither party has waived its respective sovereign immunity by entering into and performing the obligations under this Agreement. XXIII. Liability: Any claims by third parties arising as a result of the enforcement of Local, State or Federal law, including employment claims, shall be handled by, and be the responsibility of, the Town. Any claims by third parties arising as a result of the enforcement of PISD policy or procedure shall be handled by, and be the responsibility of, PISD. IN WITNESS WHEREOF, the parties have executed this Agreement in the year and day first above written. Attest: Town of Prosper By: Char es Niswange Mayor At st: Prosper Independent School District A By: rew Watkins, Superintendent Prosper Independent School District Exhibit "A" School Resource Officer Program The School Resource Officer(SRO) Program is intended to: 1. Reduce criminal offenses committed by juveniles and young adults. 2. Establish rapport with the students. 3. Establish rapport with the parents, faculty, staff, administrators and other adults. 4. Create and expand programs with vision and creativity to increase student participation, which will benefit the students, the school district, the police department, and the community. 5. Present a positive role image for students and adults. 6. Provide safety for students, faculty, staff and all persons involved with the school district. Exhibit "B" School Resource Officer Duties and Responsibilities • Provide information concerning questions about law enforcement topics to students and staff. • Provide classroom instruction on various law-related topics. • Coordinate investigative procedures between police and school administration. • Provide limited counseling to students with personal problems. • Counsel with parents and staff as necessary. • Handle initial police reports of crimes committed on campus. • Take enforcement action on criminal offenses when appropriate. • Wear police uniform at all times, or other apparel as approved by both the Police Department and PISD. • Provide a secure environment during events and functions, as appropriate, when requested by a PISD representative and as approved by Police Administration. • Keep school administration/office staff informed when off-campus. • When practical, attend school special events. • When possible and practical, divert juveniles out of the criminal justice system into other social agencies. • Provide instructional teaching services in the area of narcotics, safety, public relations, occupational training and leadership and life skills. • Prepare lesson plans as necessary for the presentation of approved topics. • Coordinate directly with campus principals regarding the individual needs of their campus or the District. • Use a common sense approach to enforcement and conduct self in a professional manner. • In addition to the above herein listed items the SRO will perform other duties as assigned. • The Officer will also adhere to the standards and guidelines set forth in the Prosper Police Department's OMCC, sections 8 and 9, Article 2 for Patrol Officers/ Probationary Officers as well as any applicable areas of the PISD policy manual. Exhibit C SCHOOL RESOURCE OFFICER (SRO) FEES Expenses to be Paid by the Parties Fiscal Year 2004/2005 Town of Prosper portion (estimate) Salary $30,240.00 Benefits $9,567.31 Add. Insurance $480.00 Police Training $1,000.00 Overtime $1,200.00 Fuel $750.00 Weapons $2,000.00 Total $45,237.31 Prosper ISD portion (estimate) Vehicle-4 to 5 year usage. Replacement depending on shape of vehicle $29,000.00 Uniforms-initial outlay is expensive, but has long service life. $1,500.00 Vests-five year usage (both uniform and tactical vest) $2,100.00 Equipment-equipment belt, flashlights, etc. $3,300.00 SRO Training-specific training and membership to professional organizations $750.00 Radios-vehicle radio and hand-held $7,500.00 Office supplies, computer, furniture, software, internet $4,500.00 Fuel-split with Town $750.00 Total $49,400.00 Fiscal Year 2005/2006 Town of Prosper portion (estimate) Town's half of salary and benefits $24,720.00 Town's half of additional insurance $240.00 Police Training $1,000.00 Town's half of Overtime $1,200.00 Town's half of fuel $750.00 Police supplies $1,000.00 Total $28,910.00 Prosper ISD portion (estimate) PISD half of salary and benefits $24,720.00 PISD half of additional insurance $240.00 PISD half of overtime $1,200.00 SRO Training-specific training and membership to professional organizations $750.00 Uniforms-$350 yearly replacement. Not all pieces are replaced each year $350.00 PISD half of fuel $750.00 Total $28,010.00