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Item 4BItem 4B CITY OF SOUTHLAKE MEMORANDUM (December 4, 2018) To: Shana Yelverton, City Manager From: James Brandon, Chief of Police Subject: Approve an Interlocal Agreement with Carroll Independent School District regarding the City's reimbursement of funds for School Safety Task Force recommendations in an amount not to exceed $305,534. Action Requested: Approve an Interlocal Agreement with Carroll Independent School District regarding the City's reimbursement of funds for School Safety Task Force recommendations in an amount not to exceed $305,534. Background: The purpose of this item is to approve an Interlocal Agreement with Carroll Independent School District for the reimbursement of funds allocated within the FY 19 Crime Control Budget in order to increase security within CISD schools. As a result of the School Safety Task Force, the following items will be purchased by CISD and subsequently reimbursed by the City. The items include a threat/case management system for $25,000, social media alerting for $18,000, video intercoms for $30,000, and ballistic glass for $232,534 for a total amount not to exceed $305,534. Financial Considerations: These items are accounted for in the approved FY 19 Crime Control & Prevention District budget. Strategic Link: This request is as a result of the following strategies: Crime Control and Prevention District strategy 3 (achieve the highest standards of safety and security through modern technology and equipment), City strategy C1 (achieve the highest standards of safety and security) and Police Department strategy PDC1 (reduce crime, the fear of crime, and enhance public safety). Citizen Input: N/A City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4B Board Review: N/A Legal Review: Agreement drafted by the City Attorney. Alternatives: Approve or deny the Interlocal Agreement. Supporting Documents: Interlocal Agreement Staff Recommendation: Approve the Interlocal Agreement regarding the reimbursement of budgeted funds in an amount not to exceed $305,534. Staff Contact: James Brandon, Chief of Police INTERLOCAL AGREEMENT FOR THE REIMBURSEMENT OF FUNDS AND ACCESS TO SCHOOL SECURITY SOFTWARE SYSTEMS STATE OF TEXAS COUNTY OF TARRANT This Agreement is made by and between the City of Southlake, a home rule municipality, acting herein by and through its City Council, hereinafter referred to as the "City," and the Carroll Independent School District, an independent school district and political subdivision of the State of Texas, acting herein by and through its Board of Trustees, hereinafter referred to as the "District." WITNESSETH WHEREAS, the City, through its Crime Control Prevention District has earmarked $550,000.00 to be expended for school safety and security needs; and WHEREAS, the District desires to have these funds expended at schools within the City to provide for security and safety measures; and WHEREAS, the City provides the District with School Resource Officers ("Southlake SROs") to help the District with security at its schools; and WHEREAS, the City has earmarked $244,446.00 of the $550,000.00 to be expended for Southlake SROs, leaving $305,534.00 to be expended as the City and District so desire; and WHEREAS, the District utilizes certain software programs in furtherance of providing security at its schools ("Threat Assessment System and Social Media Alert System"); and WHEREAS, the Southlake SROs require access to the District's Threat Assessment System and Social Media Alert System in order to perform their required duties; and WHEREAS, the City and the District acknowledge the benefits and public purposes achieved through cooperation on safety measures and a desire to recognize the value of such cooperation; NOW, THEREFORE, for and in consideration of the mutual premises herein contained, the mutual benefits flowing to both the City and the District and other good and valuable consideration recited herein, the receipt and sufficiency of which is hereby acknowledged, the City and the District do hereby contract, covenant, warrant, and agree as follows: SECTION 1: RELVIBURSEMENT OF FUNDS The City hereby agrees to reimburse the District for funds expended for the improvement of security at District schools within the City in amounts not to exceed the amounts listed in the categories below. Any payments made pursuant to this Agreement shall be from current revenues available to the paying party. The City agrees to reimburse costs expended by the District for an amount not to exceed $305,534.00 in accordance with the following schedule: Threat/Case Management Social Media Alerting Video Intercoms $25,000.00 $18,000.00 $30,000.00 Protective Glass $232,534.00 Total $305,534.00 The District will send the City written notice of expenditures, and the City will have thirty (30) days from receipt to send the corresponding reimbursing funds to the District. SECTION 2. ACCESS TO SYSTEMS The District will grant Southlake SROs full access to the District's Threat Assessment System and Social Media Alert System. SECTION 3. TERM The term of this Agreement shall be one (1) year from the date of execution of the last parry to sign this Agreement. SECTION 4. NO INDEMNITY Neither Party is required to indemnify the other in connection with this Agreement. Neither party will be liable to the other for any indirect, special, consequential, incidental, or punitive damages, including cost of cover. SECTION 5. NO JOINT VENTURE Nothing contained herein shall be deemed or construed by the parties hereto, or by any third party, as creating the relationship of principal and agent, partners, joint venturers, or any other similar such relationship between the parties hereto. SECTION 6. NO WAIVER OF IMMUNITY No party hereto waives or relinquishes any immunity or defense on behalf of itself, its trustees, officers, employees, and agents as a result of the execution of this Agreement and the performance of the covenants contained herein. Neither party waives the limitations on liability which are provided to it or its officers, and employees. SECTION 7. NO THIRD PARTY BENEFICIARY This Agreement inures to the benefit of and obligates only the parties executing it. No term or provision of this Agreement shall benefit or obligate any person or entity not a parry to it. The parties hereto shall cooperate fully in opposing any attempt by any third person or entity to claim any benefit, protection, release or other consideration under this Agreement. SECTION 8. NOTICE CONTACTS Notices regarding this Agreement shall be sent to the following parties, and shall be effective upon receipt: CITY OF SOUTHLAKE (CITY) CARROLL INDEPENDENT SCHOOL DISTRICT (DISTRICT) Primary Contact: Name: Email: Secondary Contact: Name: Email: Primary Contact: Name: Email: Secondary Contact: Name: Email: SECTION 9. SEVERABILITY The provisions of this Agreement are severable. If for any reason a clause, sentence, paragraph, or other part of this Agreement should be determined to be invalid by a Court or a 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. SECTION 10. NON -WAIVER The failure of the City or the 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 the City's or the District's right to assert or rely upon such term or right on any future occasion. SECTION 11. NHSCELLANEOUS PROVISIONS By execution of this Agreement, each party represents to the other that: a. In performing its duties and obligations hereunder, it will be carrying out one or more governmental functions or services which it is authorized to perform. b. The undersigned officer or agent of the parry has been properly authorized by that parry's governing body to execute this Agreement and that any necessary resolutions extending such authority have been duly passed and are in effect. SECTION 11. AUTHORIZATION The parties agree that this Agreement may be executed in multiple counterparts, each having the same force and effect. CITY OF SOUTHLAKE (CITY) L -M , Mayor Attest: City Secretary Approved: City Attorney CARROLL INDEPENDENT SCHOOL DISTRICT (DISTRICT) La President Board of Trustees Date: Attest: Secretary Board of Trustees Approved as to Form: