HomeMy WebLinkAboutno minutes at the 5/18/09 cc meeting were approved - following is workshop item #13 only
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
05-18-09
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Budl!et
Requested By: Kenith AdC'ox
Source of Funds:
Department: Police
Account Number:
Report:
Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
Proposed Rate Spreadsheet
Amount Requested:
Exhibits:
Current Agl'eement with L.P.I.S.D.
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
The existing School Resource Officer (SRO) Memorandum of Agreement between the City of La POIie
and the La POlie Independent School District expires at the end of this school year. The current three
year agreement provides for four (4) La Porte Police Officers to work full-time during the school year at
the La POlte High School (two officers), La Porte Junior High School, and Lomax Junior High School.
Additionally, the current agreement provides for one (1) La Porte Police Officer to work half.time as a
DARE Officer at the School District's Baker 6th Grade Campus. The School District would like to
continue the SRO Program for an additional three years and has requested to increase their use of the
assigned DARE officer from halftime to full time and to add an additional officer to work full-time as an
SRO for their DeWalt Campus. With these increases, the City would provide a total of six (6) full-time
officers to the School District as opposed to four and a half (4.5) officers.
As with the previous agreement, the School District will fully reimburse the City for the salary and
benefits associated with these six (6) officers during 181 work days that school is in session. This
constitutes 70% of each officer's annual salary and benefits. The City would have full use of these
officers during the remaining 79 work days of the year, representing the remaining 30% of the involved
officer's salary and benefits, The City would of course reserve the option of pulling these officers away
from their school assignment at anytime dlll'ing the year should the need arise, i.e. weather emergencies.
The Police Department is recommending the approval of this request from the School District due to the
substantial benefits the program provides to the La Porte community. Due to the Police Depaliments
limited reSOUl'ces, however, the Police Depal1ment is requesting that City Council consider allowing the
police depaliment to hire an additional officer to replace the officer assigned to the new DeWalt SRO
position. Since the School District will be reimbursing the city for 70% of the DeWalt SRO's salary and
benefits, which is estimated at the rate of a mid-range La POlie Police Officer, the estimated cost to the
City for the salary and benefits associated with the hiring of a new replacement officer is only $16,203.
There would also be an estimated one time cost of $3,403 required for uniforms and equipment needed to
fully outfit the new officer.
The addition of this officer would require an Amendment to Ordinance 1285-R, increasing the Police
Department's authorized strength fi'om 57 to 58 Patrol Officers. Since the school year begins prior to the
20 I 0 Fiscal Year, there should be sufficient funding in salary savings from the current (2009) fiscal year
for vacant positions within the Police Department to cover the ShOl1 period oftime.
Action Required bv Council:
Request Council to give its blessing to the School District's new request and the subsequent increase of
one officer to the Police Departments authorized strength. Upon CouncWs approval, a new agreement
will be drawn up for presentation by the LPISD Superintendent to the School Board before being
pI' I1t d to Council foJ' final approval. An amendment to Ordinance 1285-R, increasing the Police
epalt ent's authorized strength from 57 to 58 will also be presented to Council at the same time as the
new a eement.
La Porte Police Department
DARE FULL-TIME & DEWALT
LPISD Officers for School Year
Year 1
Blakemore Persails Novosad
Larkey
Stanley TBD
LPISD #1 LPISD #2 LPISD #3 LPISD #4 DARE OEWAL T
Wages 42643.60 42643.60 38140.32 40254.40 42643.60 36026.24
FICA 3262.24 3262.24 2917.73 3079.46 3262.24 2756.01
Health 6451.99 6451.99 6451.99 6451.99 6451.99 6451.99
Life 55.19 55.19 55.19 55.19 55.19 55.19
TMRS 6558.59 6558.59 5865.98 6191.13 6558.59 5540.84
Work/Comp 729.21 729.21 652.20 688.35 729.21 616.05
59700.80 59700.80 54083.41 56720.51 59700.80 51446.30
Total Year 1
$ 341,352.61
1$
2 YEAR COST I
6821705.23
COSTS FOR SCHOOL YEAR 08-09
$ 213,310.85
AGREEMENT
STATE OF TEXAS {
{
COUNTY OF HARRIS {
WHEREAS, this Agreement is made and entered into by and between the LA PORTE
INDEPENDENT SCHOOL DISTRICT, hereinafter called IIDISTRICrn, and the CITY OF LA
PORTE, a Texas Municipal CoIporation, hereinafter called "CITY".
WITNESETH:
WHEREAS, DISTRICT desires to have the Chief of Police of the City of La Po~,
hereinafter called IICHIEF", authorize and direct five (5) of CITY's patrol officers, hereinafter called
"PATROL' OFFICERS II, to devot~ those officers' working time to the District Schools, during the
normal school year, including teacher work days; and
WHEREAS, DISTRICT is willing to pay the CITY an agreed amount equal to the cost 'to
the CITY for supplying law enforcement services, including salary and any additional expens~ the
CITY may incur in providing these services, so as to enable the PATROL OFFICERS assigned by
the CHIEF to provide those services;
NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to
both parties, it is AGREED as follows:
I.
The CITY agrees to authorize the ClilEF to assign PATROL OFFICERS to provide law
enforcement services to La Porte Schools. As used herein, the phrase "working time" means the
. usual or normal hours that the PATROL OFFICER is required to work in any calendar month and
does not include any extra overtime work. The time the PATROL OFFICERS are on duty within
the area of the schools, the time the PATROL OFFICERS are in court in connection with cases
arising out of events occurring within the area, the time the .{l A TROL OFFICERS spend in
preparing reports and documents pertaining to events occurring in the area, the time the PATROL
OFFICERS spend transporting persons arrested in the area to jail, the "t:iIIl;e the PATROL
OFFICERS spend investigating crimes or possible crimes committed in the area, and the time spent
in any and all activities related to.perfonning law enforcement services for the DISTRICf shall be
deemed working time. The items listed above are explanatory and the meaning for "working time"
is not limited to said list
ll.
The DISTRICT agrees to pay to the CITY the sum of $207,078.08 ("Base .Amount'~ for
assignment of five (5) PATROL OFFICERS to the DISTRICT, for the first school year included in
this agreement. The Base Amount is based on four (4) officers working eight (8) hours each day,
for 181 days in the school year, and one (1) D.A.R.E. PAlROL OfFICER working 724 hours in
the school year, and shall serve as compensation for the wor~g time of said P A1ROL
OFFICERS. The Base Amount shall remain consistent for the :first year, except as otherwise
provided under this agreement, but said Base Amount shall increase to the SUl1'l of $21 0,128.24 for
school year two, and further increase to the sum of $213,310.85 for school year three,- of this
agreement Said increases of the Base Amount shall include and incoxporate the PA1ROL
OFF~CERS' structured pay raises for school year two and three under this agreement, as indicated
in the salary schedule of payment attached as Exhibit A to the agreement and incoxporated by
reference for all purposes.
The DISTRICT further agrees that the Base Amount, and/or the increases to Base Amount
for school years two and three as specified in the preceding paragraph and on Exhibit A to this
agreement, may be increased by a factor equal to any Consumer Price Index - Urban (CPI-U)
increases, for each year thereafter, using January 2006, as a base. The CITY shall notify the
DISTRICT of any increases at least thirty (30) days pnor to the effective date of the proposed
increase.
The CITY agrees to provide to the DIS1RICT an invoice, at the beginning of each semester,
setting forth the costs for providing the law enforcement services to the DISTRICT. The
DISTRIcr agrees to reimburse the CITY the cost as set forth. in the invoice withiti thirty (30) days
of the date of such invoices. If the DISTRICT, for any reason disputes any items in any invoices
submitted by the CITY, the DISTRICT shall promptly notify the CITY of the dispute and request
clarification and/or remedial action. The decision of the CITY regarding all disputes involving the
cost for providing PAlROL OFFICERS shall be final. Payment shall be made to the City of La
Porte, Attention: Finance Director, 604 West Fairmont PaIkway, La Porte, Texas 77571. Invoices
sent by the CITY shall be addressed to La Porte Independent School District: Attention: David
Drake, Business Office, 301 East Fairmont Parkway, La Porte, Texas 77571. Either party hereto
may change its address for the purposes of this agreement by giving written notice of such change
in the manner provided for in this agreement
m.
The term of this agreement shall be for each school year, as detennined by the DISlRICT,
commencing August 7,2006, for the 2006-2007 school year, and ending on the:final day of school
in the year 2009, and shall include an option 10 extend this agreement for an additional two (2)
years, with the same teims and conditions, upon the express written approval of the CITY and the
DISTRICT. It is expressly understood and agreed that the period or term of this agreement may be
tenninated with or without notice by the CITY at any time after the DISTRICT has defaulted on
~y payment of any obligation hereunder. Payments hereunder shall be pro~rated to effective date
of cancellation.
Any notice permitted or required to be given in this paragraph to the DISTRICT shall be
given by registered or certified United States mail, postage prepaid, return receipt requested, and
addressed to the DIS'IRICT 81301 East Fairmont Parkway, LaPorte, Texas 77571.
Any notice permitted or required to be given in this paragraph to the CITY shall be given by
registered or certified United States mail, postage prepaid, return receipt requested, and addressed
to the CITY, Attention: City Manager, at 604 West Fairmont Parkway, La Porte, Texas 77571.
IV.
It is expressly understood and agreed that any PATROL OFFICERS assigned to work at the
DISTRICT shall be subject to the exclusive control and supervision of the CHIEF and to the same
extent as all other PATROL OFFICERS, and shall have no duty or obligation to the DISTRICT
other than those duties or obligations which the PATROL OFFICERS would have to the public.
generally, to enforce state laws and CITY ordinances, specifically, PATROL OFFlCERS shall not
be required to enforce DiSTRICT roles and regulations. The CHIEF shall set the working times
(hours and days) for the P AIROL OFFICERS after consulting with a designated agent of the
DISTRICT. .
V.
It is expressly agreed and understood between the DIS'IRICT and the CITY, that if, in the
opinion of the CHlEF, it is necessary to use the PATROL OFFICERS assigned to carry out this
agreement for other duties due to an emergency, or other reasons as detennined solely by the
CHIEF, that the CIDEF may temporarily suspend the assignment of PA1ROL OFFICERS to
comply with this agreement. It is, however understood by both the CITY and the DIS'IRICT that
the DISTRICT will be credited on a pro-rata basis for charges hereunder if an officer is temporarily
assigned to other duties at the direction of the CHIEF. .
VI.
Both parties .t;llutually agree that the CITY is an independent contractor, and shall have
exclusive control of performance hereunder, and that employees of the CITY are in no way to be
considered employees of the DISTRICT.
VII.
Should any litigation be commenced between the parties hereto conceming this agreement,
or the rights and duties of either party in relation thereto, the party prevailing in such litigation shall
be en.titled, in addition to such other relief as may be gFdllted, to a reasonable swn as and for its
attorney's fees in such litigation. Nothing in this paragraph shall be construed so as to limit or
waive the sovereign immunity of either the CITY of the DISTRICT.
VIJI.
This agreement shall be construed under and in accordance with the laws of the State of
Texas, and all obligations of the parties hereunder shall be performed in Harris County, Texas.
IX.
If anyone or more of the provisions contained in this agreement shall for any reason be held
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
shall not affect any other provision thereof and this agreement shall be construed as if such invalid,
illegal, or Wlenforceable provision had never been contained herein.
x.
This agreement constitutes the sole and only agreement of the parties hereto and supersedes
any prior Wldeistanding of written or oral agreements between the parties respecting the subject
matter within.
XI.
No amendment, modification, or alteration of the terms hereof shan be binding unless
submitted in writing, dated subsequent to the date hereof, and duly executed by both parties. .
XII.
Neither party to this agreement may assign their rights, duties, or interests without first
obtaining the written consent of the other party. Consent to one assignment shall not be deemed to
be consent to any subsequent assignment. An assignment without the written agreement of both
parties, or an assignment by operation of law, shall be void, and shall, at the option of either party,
terminate this agreement. .
IN WITNESS WHEREOF, the undersigned DISTRICT and CITY hereto execute this
agreement effective on this 14th day of August, 2006.
By:
CITY pF LA PORTE
r!.~)YW m#I-AdL
Debra Feazelle' ()
City Manager
ATIEST:
By: l1J! tf.t:!.Lt./ t! p!ftLt!
Martha A. Gillett
City Secretary
APPROVED:
By: ~T,~..t
City Attorney
By:
By:
.1( 0J'd^^t ~~
President
Board of Trustees Kathy Green
La Porte Police Department
LP/SD Officers for Schoo/year
DARE Officer 1 Semester
Year 1
Blakemore Persails
0(;,01
Novosad
Larkey
Stanley
LPISD #1 LPISD #2 LPISD #3 LPISD #4 DARE
WaQes 35678.72 35678.72 30494.88 31711.20 17158.08
FICA 2729.42 2729.42 2332.86 2425.91 1312.59
Health 4849.03 4849.03 4849.03 4849.03 2483.57
Life 25.47 25.47 25.47 25.47 25.47
TMRS 4620.39 4620.39 3949.09 4106.60 2221.97
Work/Comp 781.36 781.36 667.84 694.48 375.76
48684.40 48684.40 42319.16 43812.68 23577.44
Total Year 1
$ 207,078.08
Year2
O'l--o<{
LPISD #1 LPISD #2 LPISD #3 LPISD #4 DARE
WaQes 35678.72 35678.72 31711.20 32985.44 17151.56
FICA 2729.42 2729.42 2425.91 2523.39 1312.09
Health 4849.03 4849.03 . 4849.03 4849.03 2483.57
Life 25.47 25.47 25.47 25.47 25.47
TMRS 4620.39 4620.39 4106.60 4271.61 2221.13
Work/Comp 781.36 781.36 694.48 722.38 375.62
48684.40 48684.40 43812.68 45377.32 23569.44
Total Year 2
210,.128.24
Year 3 .
o~/oj
LPISD #1 LPISD #2 LPISD #3 LPISD #4 DARE
Wages 35678.72 35678.72 32985.44 34303.12 17151.56
FICA 2729.42 2729.42 2523.39 2624.19 1312.09
Healtll 4849.03 4849.03 4849.03 4849.03 2483.57
Life 25.47 25.4 7 25.47 25.47 25.47
TMRS 4620.39 4620.39 4271.61 4442.25 2221.13
Work/Comp 781.36 781 .36 722.38 751.24 375.62
48684.40 48684.40 45377.32 46995.30 23569.44
Total Year 3
$ 213,310.85
3 YEAR TOTAL
$630,517.17