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RES 1678 07/23/2024•aryofchoice RESOLUTION NO. 1678 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS ("CITY"), AUTHORIZING THE CITY TO ENTER INTO AN INTERLOCAL COOPERATION AGREEMENT ("ILA") BETWEEN THE CITY AND THE SCHERTZ-CIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT ("SCUC ISD") FOR THE PROVISION OF SCHOOL RESOURCE OFFICERS IN ACCORDANCE WITH TEXAS EDUCATION CODE SECTION 37.081; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; PROVIDING FOR REPEAL, PROVIDING FOR SEVERABILITY, PROVIDING FOR TEXAS OPEN MEETINGS ACT COMPLIANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 791 of the Texas Government Code, as amended, entitled Interlocal Cooperation Contracts, authorizes contracts between political subdivisions for the performance of governmental functions and services; and WHEREAS, SCUC ISD is a public school district with campuses located within the jurisdictional boundaries of CITY and the City is a Home -Rule Municipal Corporation which operates a Police Department providing law enforcement services, and both, are Local Governments entitled to contract for the provision of services defined as governmental functions, such as law enforcement services; and WHEREAS, SCUC ISD and CITY each find that contracting for and with respect to the governmental services described herein will result in increased efficiency, economy, and enhanced public safety for the constituents of both SCUC ISD and the CITY; and WHEREAS, SCUC ISD and CITY warrant that both possess adequate legal authority to enter into this Interlocal Agreement and their respective governing bodies have authorized each signatory official to enter into this Agreement and bind the local governments to the terms of this Agreement; and WHEREAS, the City finds that the proposed ILA attached hereto as Exhibit A (the "supporting documentation") has been approved as to legal form by the City Attorney of the City; and, WHEREAS, the City Council has determined that it is in the best interest of the City to enter into this ILA with the SCUC ISD, pursuant to applicable law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS THAT: Section 1. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 2. The City Council hereby authorizes the City Manager to execute the Interlocal Cooperation Agreement with the SCUC ISD, as provided by Texas Government Code Chapter 791. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution will be and remain controlling as to the matters resolved herein. Section 4. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 5. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 6. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 23rd day of July 2024. ATTEST: Peggy Cimics, TRMC City Secretary TO FORM: Attorney CITY OF CIBOLO, TEXAS Mark Allen, Mayor INTERLOCAL COOPERATION AGREEMENT BETWEEN SCHERTZ-CIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT AND THE CITY OF CIBOLO, TEXAS This Interlocal Cooperation Agreement ("Agreement") is made and entered into by and between Schertz-Cibolo-Universal City Independent School District ("the District" or "SCUC ISD"), a political subdivision acting through its Board of Trustees, and the City of Cibolo, Texas ("CITY"), a political subdivision of the State of Texas acting through its City Council (CITY and SCUC ISD collectively referred to herein as the "Parties") and in this regard hereto mutually agree and state as follows: WHEREAS, Chapter 791 of the Texas Government Code, as amended, entitled Interlocal Cooperation Contracts, authorizes contracts between political subdivisions for the performance of governmental functions and services; and WHEREAS, SCUC ISD is a public school district with campuses located within the jurisdictional boundaries of CITY and the City is a Home -Rule Municipal Corporation which operates a Police Department providing law enforcement services, and both, are Local Governments entitled to contract for the provision of services defined as governmental functions, such as law enforcement services; and WHEREAS, SCUC ISD and CITY each find that contracting for and with respect to the governmental services described herein will result in increased efficiency, economy, and enhanced public safety for the constituents of both SCUC ISD and the CITY; and WHEREAS, SCUC ISD and CITY warrant that both possess adequate legal authority to enter into this Interlocal Agreement and their respective governing bodies have authorized each signatory official to enter into this Agreement and bind the local governments to the terms of this Agreement; and WHEREAS, the City finds that the proposed ILA attached hereto as Exhibit A (the "supporting documentation") has been approved as to legal form by the City Attorney of the City; and, WHEREAS, the City Council has determined that it is in the best interest of the City to enter into this ILA with the SCUC ISD, pursuant to applicable law. NOW THEREFORE, in consideration of the mutual covenants and agreements of the Parties, it is agreed as follows: Article 1 LEGAL AUTHORITY AND PURPOSE 1.1 The legal authority for CITY and the SCUC ISD to enter into this agreement is the Texas Interlocal Cooperation Act, Chapter 791 of the Texas Government Code and Chapter 37 of the Texas Education Code. The purpose, terms, rights and duties of the parties as stated below are established to the greatest extent allowed by, or limited by, applicable law. 1.2 The purpose of this Agreement is "to increase the efficiency and effectiveness of local governments by cooperative contracting, to the greatest possible extent, with one another to establish mutually agreed terms, rights, duties and guidelines to ensure that CITY and SCUC ISD have a shared understanding of the role and responsibility of each in maintaining safe schools, improving the learning environment and supporting educational opportunities for all students, consistent with Texas Education Code section 37.081. 1.3 The mission of the School Resource Officer ("SRO") program is to place a community law enforcement officer(s) on each physical SCUC ISD campus to build working relationships with schools, students, parents, staff and visitors; to address on-site security; to maintain safe schools; to serve as a positive role -model for students; and to provide a direct link with the CITY. Article 2 SRO PROGRAM STRUCTURE 2.1 Under this framework, the SROs are first and foremost law enforcement officers and employees of the CITY and are not employees of the District. The SROs will be responsible for carrying out all duties and responsibilities of a law enforcement officer and will always remain under the control, through the chain of command, of the CITY. School officials will ensure that non -criminal student disciplinary matters remain the responsibility of school staff and not the SROs. Enforcement of the Student Code of Conduct is the responsibility of teachers and administrators. The SROs will refrain from being involved in the enforcement of disciplinary rules that do not constitute violations of law, except to support staff in maintaining a safe school environment. 2.2 Although the SROs have been placed in a formal educational environment, the SROs retain official duties of law enforcement officers. The SROs will intervene when it is necessary to prevent any criminal act or maintain a safe school environment. Citations will be issued, and arrests made when appropriate and in accordance with Texas law and CITY policy. The SROs or others within their Chain of Command will have the final decision on whether criminal charges will be filed. The CITY reserves the right to temporarily remove SROs if additional officers are needed during a critical incident, natural disaster, or for immediate service of public safety. 2.3 The SROs are not formal counselors or educators and will not act as such. However, with the agreement of CITY, the SROs may be used as a law enforcement resource to assist students, faculty, staff, and all persons involved with the school. The SROs can be utilized to help instruct students and staff on a variety of subjects, ranging from alcohol and drug education to formalized academic classes. The SROs may use these opportunities to build rapport between the students, families and staff. 2.4 The SROs will confer with the principal or other appropriate administrator, as needed, to develop plans and strategies to prevent and/or minimize dangerous situations and criminal activity on or near the campus or involving students at school -related activities. 2.5 SROs will be hired pursuant to CITY hiring policies, will be fully qualified as police officers in the State of Texas and will primarily be directed by the Chief of Police and other officers of the police force of the CITY to patrol and provide a police presence on such properties and campuses owned or leased by SCUC ISD as set forth herein. Article 3 SERVICES TO BE PROVIDED The CITY will be responsible for the following: 3.1. Providing NINE (9) commissioned law enforcement officers licensed by the State of Texas for service as a school resource officer (SRO) to be assigned to SCUC ISD. The total assigned at any given time is subject to vacancies. SROs will be assigned to work for full school calendar years, which generally includes one hundred eighty-seven (187) days for more than eight (8) hours per day encompassing the beginning and end time of the school per the bell schedule listed on the District Calendar. One Hundred eighty-seven (187) days shall represent the total number of days school is in session and days school is not in session but are on -campus workdays for teachers. The number of SROs serving at each of the following SCUC ISD campuses ("Service Area") are shown below. SRO sergeants will make every effort to maintain consistency in personnel being assigned to a fixed service area, but daily personnel changes may be necessary to fill the campuses: • Watts Elementary School (One SRO) • Wiederstein Elementary School (One SRO) • Cibolo Valley Elementary School (One SRO) • Jordan Intermediate School (One SRO) • Schlather Intermediate School (One SRO) • Dobie Junior High School (One SRO) • Byron P. Steele II High School (One SRO and one Sergeant SRO) • One Sergeant (Field Supervisor) Before and after school or while school is not in session, SROs will perform their duties at all other District owned premises. Nothing in this Agreement will limit an SRO from performing necessary law enforcement officer duties as set forth herein or required by City protocols or policy on or off school district premises. Providing two (2) supervising sergeant SROs to coordinate campus -assigned SROs. The supervising SROs will be responsible for ensuring staffing levels are maintained in the case of the absence of a campus -assigned SRO. The Tactical Supervising Sergeant SRO will be the primary point of communication, while the Administrative Supervising Sergeant SRO will be the secondary point of communication, between SCUC ISD and the CITY for matters related to SROs. The Chief of Police will designate staffing for the supervising sergeants. The Administrative supervising sergeant SRO will be assigned as the second SRO at Byron P. Steele II High School and may also serve as a "Rover" officer and as the primary substitute for an absent campus -assigned officer. a. The Chief of Police may designate an SRO selected by the Chief of Police to serve on the SCUC ISD Safety and Security Committee. b. If for reasons beyond the CITY'S control due to staffing, such as unforeseen sick leave, injury, position vacancies, etc., the supervising sergeants will be authorized and responsible for securing a substitute officer, by scheduling appropriate off-duty officers to ensure an SRO is on each designated campus. 3.2. The Parties acknowledge the importance of having the same SROs present in SCUC ISD to promote continuity and familiarity with SCUC ISD and its students, families and staff. To that end, the Parties agree that every effort should be made to designate the same SROs to provide security at the same campus, subject to absences and training, whenever possible. 3.3. The SROs will follow the policies and procedures of SCUC ISD to the extent those policies do not conflict with the policies and procedures of the CITY or other applicable law. 3.4. The SROs will coordinate and cooperate with the SCUC ISD Superintendent and other SCUC ISD administrative staff in carrying out their duties as SROs. The CITY retains final authority over the SROs' law enforcement responsibilities. The SROs may, however, take the school's requests into consideration, as the officer deems appropriate. 3.5. The governing bodies of SCUC ISD and CITY at least annually (in May) will evaluate this Agreement including the number of SROs to be provided and may modify the agreement, including the number of SROs by mutual agreement. 3.6. SROs DUTIES: The ultimate goal of the SRO is to maintain a peaceful environment that allows the learning process to continue uninterrupted. The duties performed by the SROs include, but are not limited to, the following: a. Establish a bond and act as liaison between the CITY and school administrators and students to reduce or eliminate the opportunity for crime, project a positive image of the CITY and improve the quality of life within the school and community. b. Patrolling areas within or in the vicinity of the geographical boundaries of SCUC ISD to protect all students, families, personnel and visitors. C. Being a visible presence during the school day to assist the SCUC ISD administration with general public safety services during school hours. d. Helping SCUC ISD administrators maintain the peace and/or address a breach of the peace as needed. C. Engaging in all law enforcement activities arising from the enforcement of criminal laws or SCUC ISD policies and rules, including, but not limited to, intervening in and investigating alleged crimes or violations of SCUC ISD rules, issuing citations, transporting arrested persons, completing follow-up activities, filing of affidavits and complaints and participating in legal proceedings resulting from the law enforcement services provided in accordance with this Agreement. f. Responding to calls for services during the regular school day or when serving in support of an official SCUC ISD extracurricular or after-school activity. g. Assisting in providing security as needed for after -hour activities and events taking place at SCUC ISD facilities. h. Accompanying outside service providers during random canine searches conducted on SCUC ISD property. i. Preventing property loss due to theft or vandalism. Providing traffic control as needed. k. Assisting SCUC ISD with its Emergency Operation Plan. 1. Assisting with school safety projects, scheduling and maintaining emergency drills, emergency response, and after -action reviews within SCUC ISD. in. Providing training for staff as requested by the SCUC ISD Superintendent. n. Serving as a resource for law enforcement education at the request of the SCUC ISD Superintendent, such as speaking to classes on the law, search and seizure, drugs or motor vehicle laws. o. Maintaining the confidentiality of student records as required by the Family Educational Rights and Privacy Act. The SROs will not disclose to CITY any education records of a student which the SROs obtain by virtue of the SROs' position with the school unless such information is obtained by the SROs in the course and scope of performing their duties in accordance with this Agreement. The SROs will not provide student education records to other law enforcement agencies or other agencies or parties informally for external investigations or any other reasons. P. Preparing reports and documentation related to events occurring within the geographic boundaries of SCUC ISD, to the extent such information is required by law or SCUC ISD policy or CITY procedures. 3.7 When the SROs take a person into custody while performing their duties on behalf of SCUC ISD under this Agreement, SCUC ISD will receive notification of the incident from the CITY within the timeframe required by law and of the disposition of the individual to the extent allowed by law. In addition, to the extent permitted by applicable law, SROs will report to SCUC ISD all information obtained during the investigation of any reported incident involving a student for the purposes of determining appropriate disciplinary actions and modifications of education programs because of the incident. 3.8 REPORTING DUTIES: SCUC ISD and CITY will maintain records of every campus - based incident resulting in police involvement. 3.9 If it is necessary to question or interview a student at school for any purpose other than a child abuse investigation, the SROs will contact the campus principal of the student's campus. As provided by SCUC ISD Board Policy GRA (Local), the principal will: a. Verify and record the identity of the officer or other authority and request an explanation of the need to interview the student at school. b. Make reasonable efforts to notify the student's parents or other person having lawful control of the student. If the SRO/designee raises what the principal considers to be a valid objection to the notification, the parent will not be notified. C. The principal or a designee, ordinarily will be present during the questioning or interview. If the interviewer presents what the principal considers to be a valid objection to a third party's presence, the interview will be conducted without that person's presence. 3.10. If a student at school is arrested or taken into custody by an SRO, the principal will immediately notify the Superintendent and notify the parent or other person having lawful control of the student. If the SRO raises what the principal considers to be a valid objection to notifying the parent at that time, the principal will not notify the parent. 3.11 The District and CITY agree that canine contraband services may be conducted by a third party, approved in advance by both Parties. The third -party Canine Handler will coordinate with campus administration and the SRO to plan dates for the canine searches. The procedures for the searches will be determined by the third -party canine search provider, with input from the SCUC ISD and the SRO. The CITY will manage the contract(s) with all third -party Canine Handlers. The SCUC ISD will be responsible for the following: 3.12 SCUC ISD will appoint a point of contact who will be responsible for the security audit of each campus and who will consult with SROs assigned under this Agreement for input and review of each campus. 3.13 SCUC ISD will maintain a Multi -Hazard Emergency Operations Plan in accordance with Chapter 37 of the Texas Education Code. SCUC ISD agrees to conduct drills and exercises required by the statute, jointly with the CITY and other identified stakeholders. 3.14 SCUC ISD will appoint School Attendance officers in accordance with Chapter 25 of the. Texas Education Code who will maintain records, investigate offenses, make notifications, and file the appropriate violations in the court having jurisdiction over matters of attendance. The School Attendance officers may solicit the assistance of peace officers assigned under this Agreement to detain or escort a student in violation of Chapter 25 of the Texas Education Code. 3.15 SCUC ISD will reimburse the City as provided for in this Agreement. Article 4 GENERAL DUTIES AND RESPONSIBILITIES 4.1 CITY agrees to perform any obligations required to maintain the SROs as commissioned law enforcement officers with full Texas peace officer status; including but not limited to, providing the SROs with all continuing training necessary to maintain their TCOLE certification and required active shooter response training, in accordance with Chapter 37 of the Texas Education Code. 4.2 The SROs assigned to SCUC ISD will be subject to the approval of the SCUC ISD Superintendent and CITY. SCUC ISD understands that CITY may rotate or change any officer assigned to serve as an SRO; provided, however, that in the event of SRO misconduct, insubordination, or other documented issue(s), the Superintendent may refuse any particular officer assigned as an SRO and require assignment of a different officer. The Parties agree that every effort should be made to schedule and/or designate vacation days, compensatory time, and other days off at times when school is not in session or at other times when the absence of SROs will not otherwise cause unnecessary risks. 4.3 Any properly licensed officer providing SRO services under this Agreement will be vested with all powers, privileges, and immunities of a peace officer within all territory contained in the boundaries of SCUC ISD and while on any property under the control and jurisdiction of SCUC ISD or otherwise in the performance of his/her duties under the guidelines of SCUC ISD policies and regulations. 4.4 CITY authorizes the assigned SROs to always carry a weapon and act as a peace officer, in his/her official capacity. Likewise, SCUC ISD specifically authorizes each SRO to carry a weapon in performing services at all schools and property within SCUC ISD. When not on duty as SROs, an officers' right to carry a firearm will be governed by provisions and rules set forth by the CITY and any applicable law or policy. 4.5 As CITY employees, any disciplinary action taken against the SROs will be by the CITY, in accordance with the policy and procedure set forth in the employee handbook of CITY and any applicable Police Department Policies and Procedures. 4.6 SCUC ISD will report all required student misconduct to the CITY in accordance with Texas Education Code § 37.015. CITY will make all reports regarding students as required by Texas Code of Criminal Procedure Art. 15.27. 4.7 SROs are designated as "school officials" under SCUC ISD Policy FL (Local) for purposes of access to student records to enable the SROs to perform the duties set out in this Agreement and pursuant to the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g. 4.8 The Parties will each monitor, review and provide oversight and supervision of the services as they are provided and each agree to notify the other as soon as reasonably possible in the event the level or quality of any scheduling, operating, service or performance issue becomes unsatisfactory. 4.9 The Parties agree that they will use their best reasonable efforts to coordinate media relations pertaining to law enforcement incidents and investigations occurring pursuant to this Agreement prior to the release of information whenever possible. Information will only be released by a Party in accordance with established law and its existing policies and procedures or as otherwise agreed to by the Parties. 4.10 Nothing in this Agreement prevents SCUC ISD from continuing its practice of hiring off- duty police officers to provide security at sporting events, after -hour activities, or other events. This Agreement will not govern off-duty peace officers hired for these purposes. Article 5 FINANCIAL RESPONSIBILITIES & EQUIPMENT 5.1 SROs are employees of CITY and not SCUC ISD. CITY will provide the SROs with all wages, salaries, or other compensation, and benefits of similarly situated and classified employees of the CITY. CITY will also be directly responsible for the payment of all payroll taxes, bond costs, retirement contributions, overtime, social security taxes, if any, and all other payroll expenses. 5.2 SCUC ISD will be responsible to CITY for any actual overtime related expenses incurred by the City in carrying out its obligations contained in this Agreement. 5.3 CITY will invoice SCUC ISD quarterly, in accordance with the rates and amounts set forth in Attachment A, for the services rendered within thirty (30) days of the completion of the quarter. SCUC ISD will pay CITY at the rates and amounts set forth in Attachment A for the actual time spent by any substitute SRO as if they were the standard assigned SRO. 5.4 SCUC ISD will reimburse CITY the amount invoiced for the services rendered within thirty (30) days of the date that the invoice is received by SCUC ISD. The CITY invoice will include the direct costs as shown in Attachment A. These direct costs will include (subject to FY2025 increases) those shown on Attachment A, the SCUC ISD's allocation of dispatching services obtained by the CITY from the City of Schertz pursuant to an interlocal cooperation contract between City and the City of Schertz based on the actual number of Calls For Service ("CFS") attributed to the SRO Program out of the total number of CFS attributed to the CITY by the City of Schertz, any overtime related costs incurred by the CITY, that is not otherwise paid to employees servicing the District designated as covered by CITY's compensatory time accrual policy to be implemented for officers assigned for less than a 12 month positions and any eligible training expenses which are incurred consistent with this agreement. 5.5 At all times during this Agreement, the proportionate cost allocation methodology utilized to determine amounts due to the CITY for the provision of services outlined herein will be based on actual direct costs incurred by the CITY to supply these services to SCUC ISD. At no time may the CITY receive a profit under the terms of this Agreement. 5.6 The Parties acknowledge that the cost to CITY of providing the services described herein may change over time. Hence, the Parties agree that CITY may change the compensation rates by providing written Notice of Rate Change to SCUC ISD at least sixty (60) days prior to the effective date of the rate change. This Notice of Rate Change shall include an itemization of costs that conforms to the required allocation methodology contained within Texas Education Code 37.081. If SCUC ISD does not agree to continue to receive services at the rates stated in the Notice of Rate Change, SCUC ISD and the City will make a good faith effort to arrive at a mutually -agreed-upon rate change prior to the effective date of the rate change. If the parties cannot arrive at a mutually -agreed-upon rate change, SCUC ISD may unilaterally terminate this Agreement upon thirty (30) days written notice. If SCUC ISD does not terminate this Agreement, SCUC ISD will be deemed to have accepted the rate change and will pay the rates stated in the Notice of Rate Change for any services provided by the CITY pursuant to this Agreement on or after the effective date of the rate change. 5.7 CITY will provide services of one sergeant and one full-time SRO during the summer months, as reflected as the 12 -month assignments on Attachment A. 5.8 SCUC ISD will only reimburse the CITY for SRO police training that is a cost incurred by the CITY on a "per officer" basis, and then only for those SRO officers assigned to service under this Agreement. Any group training cost, training equipment, weapons, ammunition or other training expenses incurred by the CITY are not subject to reimbursement by this Agreement. To be eligible for reimbursement pursuant to this Agreement, the District must be provided with adequate written notice, at least thirty (30) days prior to the date the training is to take place of any training expense to be reimbursed. Any such reimbursement requests will be included in the quarterly invoice. 5.9 The Parties agree to provide the following equipment and materials to the SROs: a. At its own cost, CITY will furnish the SROs with all equipment routinely assigned to law enforcement personnel who serve the CITY. CITY will maintain and service all equipment used by the SROs in providing services to SCUC ISD. Equipment includes, but is not limited to, uniforms, computers and computer equipment, firearms, radios, and all other devices used by CITY law enforcement personnel in the performance of their duties. CITY will also provide a fully equipped patrol car to each SRO. Attachment A will reflect the prorated portion of the charge for equipment. b. SCUC ISD will provide the SROs with office space on school property, a telephone, computer, and other office equipment to perform duties under this Agreement, and as mutually agreed by the Parties. SCUC ISD will provide a secure gun safe of an agreed-upon make and model. SCUC ISD will provide the SROs with a map and personnel roster for each campus and Central Office. C. CITY will provide the SROs with access to its facilities as needed to conduct law enforcement business regarding the securing of evidence in crimes and interviewing individuals in connection with a criminal investigation into crimes conducted on school property or in conjunction with a school event or activity. Article 6 RELATIONSHIP BETWEEN THE PARTIES 6.1 Notwithstanding any provision to the contrary herein, this Agreement is a contract for and with respect to the performance of governmental functions by governmental entities. The relationship of SCUC ISD and CITY will, with respect to that part of any service or function undertaken because of or pursuant to this Agreement, be that of independent contractors. 6.2 Nothing contained herein will be deemed or construed by the Parties, or by any third party, as creating the relationship of principal and agent, partners, joint venture, or any other similar such relationship. 6.3 Officers employed by CITY and assigned by CITY to serve as SROs at SCUC ISD are and will remain employed by the CITY. 6.4 CITY will have no liability whatsoever for or with respect to SCUC ISD's use of any SCUC ISD property or facility, or the actions of, or failure to act by, any employees, subcontractors, agents or assigns of SCUC ISD. SCUC ISD covenants and agrees that: a. SCUC ISD will be solely responsible, as between SCUC ISD and CITY and the agents, officers and employees of CITY, for and with respect to any claim or cause of action arising out of or with respect to any act, omission, or failure to act by SCUC ISD or its agents, officers, employees, and subcontractors, while on SCUC ISD property or while using any SCUC ISD facility or performing any function or providing or delivering any service undertaken by SCUC ISD pursuant to this Agreement. b. For and with respect to the services to be provided by CITY to SCUC ISD pursuant to this Agreement, SCUC ISD hereby contracts, covenants, and agrees to obtain and maintain in full force and effect, during the term of this Agreement, a policy or policies of insurance, or risk pool coverage, reasonably expected to insure SCUC ISD and its agents, officers, and employees from any and against any claim, cause of action or liability arising out of or from the action, omission, or failure to act by SCUC ISD, its agents, officers, employees, and subcontractors in the course of their duties. 6.5 SCUC ISD will have no liability whatsoever for or with respect to CITY's use of any CITY property or facility, or the actions of, or failure to act by, any employees, subcontractors, agents, or assigns of CITY. CITY covenants and agrees that: a. CITY will be solely responsible, as between SCUC ISD and the agents, officers, and employees of the SCUC ISD, for and with respect to any claim or cause of action arising out of or with respect to any act, omission, or failure to act by CITY or its agents, officers, employees, and subcontractors, while on CITY property or while using the any of CITY's facilities or performing any function or providing or delivering any service undertaken by the CITY pursuant to this Agreement. b. For and with respect to the services to be provided by CITY to SCUC ISD pursuant to this Agreement, CITY hereby contracts, covenants, and agrees to obtain and maintain in full force and effect, during the term of this Agreement, a policy or policies of insurance, or risk pool coverage, in the amounts sufficient to insure CITY and its agents, officers, and employees from and against any claim, cause of action, or liability arising out of or from the action, omission, or failure to act by CITY, its agents, officers, employees, and subcontractors in the course of their duties. 6.6 It is specifically agreed that, as between the Parties, each party to this Agreement will be individually and respectively responsible for responding to, dealing with, insuring against, defending, and otherwise handling and managing liability and potential liability pursuant to this Agreement. Each Party hereto reserves and does not waive any defense available to it at law or in equity as to any claim or cause of action whatsoever that may arise or result from the services provided and/or any circumstances arising under this Agreement. This Agreement will not be interpreted nor construed to give to any third party the right to any claim or cause of action, and neither CITY nor SCUC ISD will be held legally liable for any claim or cause of action arising pursuant to, or out of the services provided under, this Agreement except as specifically provided herein or by law. 6.7 Each party hereto reserves and does not waive any immunity or defense available to it at law or in equity as to any claim or cause of action whatsoever that may arise or result from the services provided and/or any circumstance arising under the Agreement. Neither SCUC ISD nor CITY waive, modify, or alter to any extent whatsoever the availability of the defense of governmental immunity under the laws of the State of Texas on behalf of itself, its trustees, council members, officers, employees, and agents. 6.8 No term or provision of this Agreement will benefit or obligate any person or entity not a party to it. This Agreement will not be interpreted nor construed to give to any third party the right to any claim or cause of action, and neither CITY nor SCUC ISD will be held legally liable for any claim or cause of action arising pursuant to, or out of the services provided under, this Agreement except as specifically provided herein or by law. The Parties hereto will cooperate fully in opposing any attempt by any third person or entity to claim any benefit, protection, release, or other consideration under this Agreement. 6.9 Nothing in this Agreement will be deemed to extend, increase or limit the jurisdiction or authority of any of CITY or SCUC ISD except as necessary to implement, perform and obtain the services and duties provided for in this Agreement. Save and except only as specifically provided in this Agreement, all governmental functions and services traditionally provided by SCUC ISD, and all governmental and proprietary functions and services traditionally provided by CITY, will be and remain the sole responsibility of each such party. Article 7 TERM 7.1 The initial term of this Agreement will be from September 1, 2024, upon ratification by approval of both parties and will continue through August 31, 2025, unless terminated earlier, in writing, by either party. Designated representatives of each Party shall meet in the month of March of each subsequent year to confer upon modifications necessary to this agreement and its Attachment A. This Agreement will automatically annually renew on September 1 of each year for an additional period of twelve (12) months, unless either Party notifies the other of a proposed modification ninety (90) days prior to the renewal date. 7.2 This Agreement may be terminated at any time by either Party, without cause, by giving the other party a minimum of ninety (90) days written notice of its intention to terminate, such notice to be delivered by hand or U.S. Certified Mail to the other party. ARTICLE 8 NOTIFICATIONS 8.1 All correspondence and communications regarding this Agreement will be directed to: CITY OF CIBOLO, TEXAS SCHERTZ-CIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT Attn: City Manager Attn: Superintendent of Schools 200 S. Main Street 1060 Elbel Road Cibolo, Texas 78154 Schertz, Texas 78154 8.2 Notices provided pursuant to this Agreement must be in writing and hand -delivered or sent by certified mail, return receipt requested. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 This Agreement inures to the benefit of and obligates only the Parties executing it. No term or provision of this Agreement will benefit or obligate any person or entity not a Party to it. The Parties hereto will cooperate fully in opposing any attempt by any third person or entity to claim any benefit, protection, release, or other consideration under this Agreement. 9.2 If any provision of this Agreement will be deemed void or invalid, such provision will be severed from the remainder of this Agreement, which will remain in force and effect. 9.3 This Agreement must be authorized by the governing body of each party to the contract. 9.4 Any party paying for the performance of governmental functions or services will make those payments from current revenues available to the paying party. 9.5 SCUC ISD and CITY agree that the contractual payment is in an amount that fairly compensates the performing party for the services or functions performed under the contract and determined by a proportionate cost allocation methodology as required by law. IN WITNESS WHEREOF, the parties hereto have executed this Interlocal Cooperation Agreement as of the 23 day of July 2024. CITY QV CIBOLO, 0 City SCHERTZ-CIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT By: Paigeoni, Superintendent ATTACHMENT A INTERLOCAL COOPERATION AGREEMENT BETWEEN SCHERTZ-CIBOLO- UNIVERSAL CITY INDEDEPENDEANT SCHOOL DISTRICT AND THE CITY OF CIBOLO, TEXAS ATTACHMENT "A" Rate of pay for CITY SRO personnel and equipment assigned to the SCU ISD is based on the following proportionate cost allocation methodology that allows CITY to recoup direct costs incurred because of this Agreement, and the CITY does not profit under said Agreement: Fiat Status Filled .fled Billed FIIW Nkd To to Bllkd To 6e EIIIM To ha pilled TO M 1111" total. "ministration O'rwitons posllion Pants Seryein, Sergeant Officer Office Offs- OWcer �. er OHittr Officer 4hry $.."1500 S. 726.60 XImm $62110.% $6;110.%M $62110% $610% $6;SlC. 5581.223.83 Cenillutian S3,PC. $3J20 W $1.010.% $LOCO.% 51.00 .00 51.0a0.% 51.10 W $1,000 W S1.GC:< $13}20.80 loeyeNty 520.00 SMOK, S240,00 S2a0.% S2a0.% S2m.% $.0% $2w.0C) Shao. $2.160.00 S11"i $59]3.61 $J,923.62 $a'art Ss'.9.Is $"619.11 S1,M9.Y $6.819.. 54,..N Sam,. $sSl`93.62 SVTR $9.% Sit $9.N $9.% $9.00 $9.80 $9.00 $9.00 sit. SIS6.00 Metllul $1.532.88 $7,532.85 SL 532.80 $1,532." $]532.06 $7,532.88 S7,53288 $7,53288 $7,53: SE 561,.5.92 Cat S390.W $3%00 539060 $390.% 5390.80 5390.60 Smom $390.60 53% $3,515.0 n $72.08 SRCO SR.. $12.. 57200 Moo SR. $7200 $721 Sts"i FAp $16.69 SIA'. %eaaf $16.66 516.. Sam %iru $16.9 $16 all $150.12 Wellness $M.W Sits co $M.W Won $26.0] Sil $26.60 W'. Sara Co $]5600 llle/AO60 $1..51 $13, 51 $111 W $111.00 $]]l.tl $111.0 $111.80 $111 W $111.80 $l.%1.62 Retirement $9,893.57 $9,893.57 58,03152 59,031.52 $9,031.52 $6031.52 $8.%152 $603152 $8,03152 .$75,007.78 WC $l.%3.95 $1,43.95 $8.5217 5$72.5 St $65245 585145 $65265 $15215 2.$8,135.05 oren'ime 512,933.15 510, 769.00 ' ' ' ' -$23,.2,45 tralmde SM."oo00 516,939.32 $20400.% $16,999.33 $14939.13 $16939.32 516,419.32 536999.32 $34993.32 9,AS.N Poet $I..ot 51,333.26 51,6[0.% $1,33358 $1,331.28 $1,33138 51,333.28 $1,333.28 $1,333.28412,532.% VeOlcle Pepairs 51,0.01.0] $8..30 $1,000.% $833.30 $833.. Still $133.30 $913.30 W3.30 -?$7,833.10 WJIo Service $680.00 $39998 Sa80.% $3H.N $399.8 $399.. 5393.% $399.% 5399.98 _1' $1759." T1ave1/7ralnI, $2%0.% $1666.60 $2000,80 $1666.00 $LM6M $11666.60 $L666.. $1,666.60 $11666.0 $116..20 Telrehone %12.00 Sa16.65 5572.00 5476.16 SaM65 S1M.65 San.65 Sa76.65 $171 e`. 5`148055 .mforms SS(l $41665 $SCO.M $616.65 Sall" $616.0 $x1665 $416.65 Salo FI $3,916.55 ".m.snt 5600.. 5199.98 56".00 $199.98 $a... Saw" $4... N99.98 5495.95 $4,699." IT Inn, 55"-00 $46.65 $500,01, $41615 Sa16.6f $a16. $416657 Waco .1665 $31916.55 Toblver, Employee 5 143,862.06 $ 126,3%.82 $ I23,7lL% $ 1%..2T7 $ 1%,182.77 5 101177 $ 1$7,383.0 $ 108.38217 $ 1%,N2.11 $ 1oY,295.. %Nlocation 1CO.tlR IOO00% 100,00,11, )MAO% 100,00', 100.6055 mm 100."% IMW% ,�II880TW1 Assignment Steele XS Fi Superviw Sleep" Coal 3a6an IN3 SCM1YIterlM Caleb VMIry FS WaM ES Wk6nMe1n 8S Gulgnmenl period nathal NMonths "Faoci IOMplt65 IOMnnths 10 Moscow IO MM3" 10Montho lO Months Comp.Time Oxaerip6' i I r t 2Month, 2MOn[8Y 2Mantes I"on"s IMcrims 2Months 2Monh, iMYa8lb101bMeIM1 $6wfa An chrM costs, mdW fry dispatch lallceatN "sed on perraffeW of 150 alb fich-c a 4all Cny alk for senna, a+o wenwe not amued asaonpenatory I me, are to Oe mmrOled, Woessed from amued try of nestri iniad for less than 12 months will unue artompensatory time to the eepended anLme off to lolly compenate officers dorm$ periods unassl8ned br chn, and mat another P.11rytOMemphmemso.