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Home My WebLink AboutO-2015-3573 renew agreement LPISD/provide 6 patrol officers ORDINANCE NO. • AN ORDINANCE APPROVING AND AUTHORIZING RENEWAL OF INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE INDEPENDENT SCHOOL DISTRICT FOR PROVISION OF SIX PATROL OFFICERS AT LA PORTE INDEPENDENT SCHOOL DISTRICT SCHOOLS; MAKING VARIOUS`- FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS,by Ordinance No. 2012-3427,the City of La Porte authorized and approved a three year contract("contract"herein) with La Porte ISD for the provision of six patrol officers at La Porte ISD schools,which contract terminates at the conclusion of the 2014-2015 school year; and WHEREAS, the contract provides an option for the parties to agree to renew the contract upon the same terms and conditions of the contract, for a single two (2) year renewal term, covering the 2015-2016 and 2016-2017 school years,upon the written approval of both parties; and WHEREAS,the City Council wishes to exercise the option to extend the contract for a single two (2) year renewal term. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That the City Council of the City of La Porte, Texasexercises its option to extend the • contract by and between the Cityof La Porte, Texas and La Porte ISD for provision of six patrol officers at La Porte ISD schools, for a single two (2) year renewal term, covering the 2015-2016 and 2016-2017 school years,upon the same terms and conditions of the contract. Said contract is attached hereto as Exhibit "A" and incorporated by reference for all purposes Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date,hour,place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contacts and posting thereof. Section 3. This Ordinance shall be effective from and after its passage, and it is so ordered. PASSED AND APPROVED,this the.28 Jday of-/r)&X& 52015. CITY OF LA E, TEXAS • By. Louis .Ri y, Mayor ATTEST: t �J • Patrice Fogarty City Secretary APPROVED: Clark T.Askins Assistant City Attorney Exhibit A AGREEMENT STATE OF TEXAS § COUNTY OF HARRIS § WHEREAS, this Agreement is made and entered into by and between the LAPORYE INDEPENDENT SCHOOL DISTRICT,hereinafter called"DISTRICT",and the CITY OF LA PORTE,a Texas Municipal Corporation,hereinafter called"CITY". WITNESETH: WHEREAS,DISTRICT desires to have the Chief of Police of the City of La Porte,hereinafter called "CHIEF", authorise and direct six (6) of CITY'S patrol officers, hereinafter called "PATROL OFFICERS", to devote those officers' worldng 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 benefits,as detailed in Exhibit A,so as to enable PATROL OFFICERS assigned by the CHIEF to provide those services; NOW THEREFORE,in consideration of the mutual covenants, agreements,and benefits to both parties is,it is AGREED as follows: I. The CITY agrees to authorize the CHID' to assigning PATROL OFFICERS to provide law enforcement services to LaPorte 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 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 PATROL OFFICERS spend in preparing reports and documents pertaining to events occurring in the areas,the time the PATROL OFFICERS spend transporting persons arrested in the area to jail, the time the PATROL OFFICERS spend investigating crimes or possible crimes committed in the area, and the time spent in any and all activities related to performing law enforcement services for the DISTRICT shall be deemed working time. The items lists above are explanatory and the meaning for"working time"is not limited to said list. IL The DISTRICT agrees to pay to the CITY the sum of $355,228.55 ("Base Amount") for assignment of six (6)PATROL OFFICERS to the DISTRICT, for the first school year included in this agreement. The Base Amount is based on six(6)officers working eight(8)hours each day for 181 days in the school year,and shall serve as compensation for the working time of said PATROL OFFICERS. 1 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 sum of$357,711.81 for school year two, and further increase to the sum of$358,935.18 for school year three,of this agreement. Said increases of the Base amount shall include and incorporate the PATROL OFFICERS' 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 incorporated by reference for all purposes. The DISTRICT agrees to pay the CITY for any additional hours that the DISTRICT requires of the PATROL OFFICERS to provide law enforcement services to La Porte Schools. Any additional hours must be approved through the CHIEF or his designee. As detailed below, the DISTRICT further agrees that the Base Amount, and/or the increases to the Base Amount for school year two, and each year thereafter, as specified in the preceding paragraph and on Exhibit A to this agreement,may be increased by a factor equal to Consumer Price Index—Urban (CPI-U)increases or three(3)percent,whichever is greater. The CITY shall notify the DISTRICT of any increases at least thirty(30)days prior to the effective date of the proposed increase. Starting with school year 2013-2014(Year 2,August 2013)the base amount will be increased by a factor equal to the Consumer Price Index. Such factor will be an arithmetic equation with the year of January 2013 of Consumer Price Index to all urban consumers being the numerator and the year January 2011 of the Consumer Price Index to all consumers will be the denominator. The resulting quotient, if greater than 3%.will be multiplied by the base to arrive at the current billing amount. If the quotient is less than 3%, then 3% will be multiplied by the base amount of the 2013 school year to determine the amount to be billed. For the school year 2014-2015 (Year 3, August 2014), the same methodology will be applied except the numerator for school year 2014-2015 will be 2014 of the Consumer Price Index to all urban consumers. Furthermore, for school year 20I4/2015 if the quotient is less than 3%then the base amount for Year 3 will be multiplied by 3%. The CITY agrees to provide to the DISTRICT an invoice, at the beginning of each semester, setting forth costs for providing the law enforcement services to the DISTRICT. The DISTRICT agrees to reimburse the CITY the cost as set forth in the invoice within 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 PATROL OFFICERS shall be final. Payment shall be made to the City of LaPorte, Attention: Finance Director, 604 West Fairmont Parkway,La Porte, Texas 77571. Invoices sent by the CITY shall be addressed to the La Porte Independent School District: Attention: Business Office, 301 East Fairmont Parkway, La Porte, TX 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. III. The term of this agreement shall be for each school year, as determined by the DISTRICT, commencing August 20,2012,for the 2012-2013 school year,and ending on the final day of school in the year 2015, and shall include an option to extend this agreement for an additional two (2)years, with the same terms 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 terminated with or without notice by the CITY at any time after the DISTRICT has defaulted on any payment of any obligation hereunder. Further, it is expressly understood and agreed that the period or term of this agreement may be terminated by the CITY or DISTRICT for any reason with 90-day written notice to the other party. Payments hereunder shall be pro-rated to effective date of cancellation. Any notice permitted or required to be given in this section to the DISTRICT shall be given by registered or certified United States, mail,postage prepaid, return receipt requests, and addressed to the DISTRICT at 301 East Fairmont Parkway,La Porte,Texas 77571. Any notice permitted or required to be given in this section 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. Operating with the La Porte Police Department's SRO Operating Procedures, 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, PATORL OFFICERS shall not be required to enforce DISTRICT rules and regulations. The CHIEF shall set the working times(hours and days) for the PATROL OFFICERS after consulting with a designated agent of the DISTRICT. V. It is expressly agreed and understood between the DISTRICT and the CITY, that ifi in the opinion of the CHIEF, 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 determined solely by the CHIEF, that the CHIEF may temporarily suspend the assignment of PATROL OFFICERS to comply with the agreement. It is, however understood by both the CITY and the DISTRICT that the DISTRICT will be credited on a pro-rata basis for the charges hereunder if an officer is temporarily assigned to other duties at the direction of the CHIEF. VI. Both parties mutually 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 commend between the parties hereto concerning this agreement, or the rights and duties of either party in relation thereto,the party prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for its attorney's fees in such litigation. Nothing in the paragraph shall be construed so as to limit or waive the sovereign immunity of either the CITY or the DISTRICT. VIII. 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 any one 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 unenforceable provision had never been contained herein. X. This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding of written or oral agreements between the parties respecting the subject matter within. M. No amendment, modification,or alteration of the terms hereof shall 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 interest without fust obtaining 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 WITNP§S WHEREOF,tue undersigned DISTRICT and CITY hereto execute this agreement effective on this 13 day of ,2012. CITY OF LA PORTE By: 1� City Manager ATT By: 1&"��- Patrice Fogarty City Secretary APPRO By--- Clark T.Askins City Attorney LA O E PEENDENT SCH L D ICT S erin ndent,Lloyd Graham By: / Preside ,Kal6y Green Board o Trustees La Porte Police Department EXHIBIT A LPISD Officers for School Year Year 1 Whitchurch Persails Novosad Larkey Stanley Parsons LPISD#1 LPISD#2 LPISD#3 LPISD #4 DARE DEWALT Wages 39,356.64 43,266.24 42,267.12 43,266.24 43,266.24 43,266.24 FICA 3,010.78 3,309.87 3,233.43 3.30987 3,309.87 3,309.87 Health 5,649.29 5,649.29 5,649.29 5,649.29 5,649.29 5,649.29 Life 28.39 28.39 28.39 28.39 28.39 28.39 TMRS 6,938.58 7,627.84 7,451.69 7,627.84 7,627.84 7,627.84 Work/Coml 322.72 354.78 346.59 354.78 354.78 354.78 55,306.40 60,236.41 58,976.52 60,236.41 60,236.41 60,236.41 Total Year 1 355,228.55 Year 2 Whitchurch Persails Novosad Larkey Stanley Parsons LPISD #1 LPISD#2 LPISD#3 LPISD #4 DARE DEWALT Wa es 40,326. 43,266.24 43,266.24 43,266.24 43,266.24 43 266.24 FICA 3,085.00 3,309.87 3,309m87 3,309.87 3,309.87 3,309.87 Health 5,649.29 5 649.29 5,649.29 5,649.29 5,649.29 5,649.29 Life 28.39 28.39 28.39 28.39 28.39 28.39 TMRS 7,109.61 7,627.84 7,627.84 7,627.84 7,627.84 7,627.84 Work/Comp 330.68 354.78 354.78 354.78 354.78 354.78 56,529.77 60,236.41 60,236.41 60,236.41 60,236.41 60,236.41 Total Year 1 357,711.81 Year 3 Whitchurch Persails Novosad Larkey Stanley Parsons LPISD#1 LPISD #2 LPISD#3 LPISD #4 DARE DEWALT' Wa es 41 296.96 43 266.24 43,26t!.24, 43,266.24 43 266.24 43,266.24 FICA 3,159.22 3,309.87 3,309.87 3,309.87 3,309.87 3,309.87 Health 5,649.29 5,649.29 5,649.29 5,649.295,649.29 5,649.29 Life 28.39 28.39 i 28.39 28.39 28.39 28.39 TMRS 7,280.65 7,627.84 7,627.84 7,627.84 7,627.84 7,627.84 Work/Comp 338.64 354.78 354.78 354.78 354.78 354.78 57,753.15 60,236.41 60,236.41 60,236.41 60,236.41 60,236.41 Total Year 1 358,935.18