HomeMy WebLinkAboutResolution 2004-056
RESOLUTION NO. 2004-056
BE IT RESOLVED by the City Council of the City of North Richland Hills,
Texas, that:
1.
The City Manager be, and is hereby authorized to execute the attached
contract for School Resource Officer Shared Services Agreement with Birdville
Independent School District for reimbursement of 50% of the personnel costs of
five School Resource Officers for the 2004-2005 school year.
PASSED AND APPROVED this the 23rd
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Patricia Hutson, City Secretary
Karen Bostic, Managing Director
School Resource Officer Shared Services Agreement
WHEREAS, the citizens of North Richland Hills, Texas and the City Council of North Richland Hills
have determined that the security and well being of students within the schools is paramount; and,
WHEREAS, the Birdville Independent School District proposes to assist in the funding of School
Resource Officers with the North Richland Hills Police Department;
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
That for and in consideration of the mutual covenants, promises and agreements contained herein, the
City of North Richland Hills, hereinafter referred to as "City," acting by and through Larry J. Cunningham, its
duly authorized City Manager, and the Birdville Independent School District, hereinafter referred to as
"District," acting by and through its President of the Board of Trustees, do hereby covenant and agree as
follows:
1.
District and City agree that five (5) police officers, "School Resource Officers", shall be assigned to the
following schools located within North Richland Hills: Birdville High School, Richland High School,
Northridge Middle School, North Richland Middle School and Smithfield Middle School. District agrees to
reimburse the City $149,583 to cover the District's 50% share of personnel costs incurred by the City in this
project. In addition the District will provide an office for each School Resource Officer with a computer work
station.
2.
It is understood and agreed that District shall remit funds to the City within 30 days following receipt of
an invoice. Invoices shall be provided on a quarterly basis, beginning November 1, 2004.
3.
The term of this agreement is for the 2004-2005 school year.
4.
It is understood and agreed that this contract may be terminated by City, in whole or from time to time in
part, whenever such termination is determined by City to be in the best interest of City. Termination will be
effected by delivering to District a notice of termination, specifying to what extent performance of the work
under the contract is being terminated and the effective date of termination. Within thirty (30) days following
the date of such termination, District shall be given a final invoice for reimbursement to the City for the pro-
rated costs.The District must remit these funds within 30 days following date of invoice. District may at any
time terminate this contract by notifying the City in writing and providing an effective date of termination.
5.
District and City agree to monitor the effectiveness of the services and work to be performed under this
agreement.
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6.
Neither City nor District shall be responsible for the acts or omissions of agents, servants, employees, or officers
of the other.
City agrees that School Resource Officers shall be assigned by and responsible to the City, but shall
work closely with the principal of the school to which he/she is assigned. Such officers shall have the school to
which he/she is assigned as his/her primary duty assignment, and will not be assigned additional police duties
during regularly scheduled school hours. The City reserves the right, however, to reassign those officers
temporarily in the event of an emergency, or urgent police need as determined by the Chief of Police. City shall
provide all law enforcement training and certification, vehicles, and police equipment, benefits, and insurance
(including liability coverage) provided to all officers employed by City. District shall provide any radio
equipment necessary to allow the assigned officer to communicate with school staff. City shall coordinate
assignments and duty hours with District.
7.
Neither City nor District shall be responsible for the property ofthe other that is damaged, stolen, lost,
or destroyed by the other except in the case of criminal activity on the part of respective employees.
City agrees to waive, release, indemnify, and hold harmless the District from any and all claims,
damages, injuries, causes of action, or lawsuits arising out of the acts or omissions of the assigned officers.
8.
District and City covenants that neither they nor any of its officers, members, agents, employees, program
participants, or subcontractors, while engaged in performing this contract shall in connection with the
employment, advancement, or discharge of employees, or in connection with the terms, conditions or privileges
of their employment, discriminate against persons because of their age, except on the basis of a bona fide
occupational qualification, retirement plan, or statutory requirement.
9.
District and City, in the execution, performance or attempted performance of this contract and agreement,
will not discriminate against any person or persons because of sex, race, religion, color or national origin, nor
will District permit its agents, employees, subcontractors or program participants to engage in such
discrimination.
10.
District and City covenant and agree that in the event either party fails to comply with or breaches any of
the terms and provisions of this agreement, each party shall provide written notice to the other as soon as
reasonably possible after the non-breaching party becomes aware of the failure to comply or breach of contract.
In the event that the breaching party fails to cure or correct such breaches within a reasonable time following the
receipt of notice, such reasonable time not to exceed 15 days, the non-breaching party shall have the right to
declare this agreement immediately terminated and neither party shall have further responsibility or liability
hereunder.
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11.
The provisions of this agreement are severable and if for any reason a clause, sentence, paragraph or
other part of this agreement shall be determined to be invalid by a court, federal or state agency, board or
commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions
which can be given effect without the invalid provision.
12.
The failure of City or District to insist upon the performance of any term or provision of this agreement
or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of
City's right or District's right to assert or rely upon any such term or right on any future occasion.
13.
Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance,
attempted performance or non-performance of this contract and agreement, venue for said action shall lie in
Tarrant County, Texas.
14.
This written instrument constitutes the entire agreement by the parties hereto concerning the work and
services to be performed hereunder, and any prior or contemporaneous, oral or written agreement which
purports to vary from the tenns hereof shall be void.
15.
The governing bodies of City and District have approved the execution of this agreement, and the
persons signing the agreement have been duly authorized by the governing bodies of City and District to sign
this agreement on behalf of the governing bodies.
ATTEST:
CITY NORTH RICHLAND HILLS
Patricia Hutson, City Secretary
By:
Larry J. Cunningham, City Manager
APPROVED AS TO FORM AND LEGALITY:
BIRDVILLE INDEPENDENT SCHOOL DISTRICT
George Staples, Attorney for City
By:
Kelly Hancock, President
Board of Trustees
Date:
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STATE OF TEXAS )(
COUTY OF TARRANT )(
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally appeared Kelly Hancock, known to me to be the same person whose name is subscribed to the
foregoing instrument, and acknowledged to me that she executed it for the purposes and consideration therein
expressed, as the act and deed of the BirdviIle Independent School District, and in the capacity therein stated
as its duly authorized officer or representative.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
day of
,2004.
Notary Public, in and for the State of Texas
STATE OF TEXAS )(
COUTY OF TARRANT )(
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally appeared Larry J. Cunningham, known to me to be the same person whose name is subscribed to the
foregoing instrument, and acknowledged to me that the same was the act of the City of North Richland Hills and
that he executed the same as the act of said City of North Richland Hills for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
day of
,2004.
Notary Public, in and for the State of Texas
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