Item 4JCity of Southlake, Texas
M E M O R A N D U M
December 12, 2007
TO: Shana Yelverton, City Manager
FROM: Ben Thatcher, Assistant City Manager
Approve Inter-Local Agreement for shared services between Carroll
SUBJECT:
Independent School District and the City of Southlake
_____________________________________________________________________
Action Requested:
City Council approval of the inter-local agreement for shared
services between Carroll Independent School District and the City
for a period of twenty (20) years.
Background
Information:
During the past 18-24 months, CISD and the City of Southlake
through the Joint Use Committee have been working toward
development of a formal shared services agreement. The vision of
the Committee has been to formalize the shared spirit of
cooperation between the City and School District into a process
that is measurable and open for display to the public.
The agreement before City Council, having already been approved
by the Board of Trustees for CISD, outlines the process and
reporting requirements envisioned as part of this effort.
The proposed inter-local agreement structure:
Meetings will be scheduled at least twice-annually between
•
similar divisions within each entity.
At these meetings, open discussion will take place on how each
•
division may assist the other within the scope of each
organizations responsibility.
Each division will report the progress of these meetings to the
•
Superintendent and City Manager, respectively.
Each leader will be responsible for reporting progress to the City
•
Council and School Board at a regularly scheduled meeting for
the public’s review.
Staff will be available at your meeting to provide additional
information should you have questions.
Financial
Considerations:
There are no anticipated changes in the current budget fiscal year
2007-2008.
Financial Impact:
The anticipated outcome of the inter-local agreement is a reduction
of costs through collaborating and coordinating the use of shared
resources.
Shana Yelverton
December 12, 2007
Page 2
Citizen Input/
Board Review:
The Joint Utilization Committee recommended approval at their
September 14, 2007 meeting.
Legal Review:
City Attorney has reviewed agreement.
Alternatives:
City Council review and consideration.
Supporting
Documents:
Supporting documents include:
Inter-local agreement
Staff
Recommendation:
City Council approval of inter-local agreement between the Carroll
Independent School District and the City for shared services for a
period of twenty (20) years.
Shana Yelverton
December 12, 2007
Page 3
INTERLOCAL AGREEMENT FOR SHARED SERVICES BETWEEN CARROLL INDEPENDENT SCHOOL
DISTRICT AND
THE CITY OF SOUTHLAKE, TX
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 duly authorized Mayor, hereinafter referred to as the "City," and the Carroll Independent School District, a special
purpose unit of government organized and acting under the laws of the State of Texas, acting herein by and through its duly
authorized President of the Board of Trustees, hereinafter referred to as the "District."
WITNESSETH:
WHEREAS
, the District provides numerous operational and administrative services to the District’s students,
patrons and employees; and
WHEREAS
, the City provides numerous operational and administrative services to the City’s patrons and
employees; and
WHEREAS,
both the City and the District have specific organizational components which provide services to the
community similar in nature; and
WHEREAS,
both the City and the District may experience economies in preventing duplication in services in
certain aspects of operation of each entity.
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:
I. SHARED SERVICES DISCUSSIONS
The District Superintendent or his or her designee and the City Manager or his or her designee shall be responsible
for implementing and administering the scheduling policies of this Agreement. The City Manager and Superintendent shall
schedule, at minimum, two meetings per year in order to discuss both the progress of shared services and explore other
possible shared services opportunities.
The District Superintendent and City Manager shall be responsible for reporting to their respective governing bodies
as to the progress of each meeting.
II. SCHEDULE CHANGES
The District Superintendent and his or her designee and the City Manager and his or her designee are authorized to
make changes to the approved schedule of meetings as they may agree upon throughout the term of this Agreement.
III. INDEMNIFICATION
With respect to the District Property, the City does hereby agree, insofar as permitted by law, to hold harmless the
District from any claims, damages, injuries, lawsuits, or causes of action arising out of or in any way connected with the use
of the District Property for a City activity during the time the City is conducting the activity on the District Property.
With respect to the City Property, the District does hereby agree, insofar as permitted by law, to hold harmless the
City from any claims, damages, injuries, lawsuits, or causes of action arising out of or in any way connected with the use of
the City Property for a District activity during the time the District is conducting the activity on the City Property.
Shana Yelverton
December 12, 2007
Page 4
Each liability insurance policy carried by the District and by the City, shall name the other party as an additional
insured with respect to joint use facilities, to the extent as permitted by law.
IV. TERM
The term of this Agreement shall be for a period of twenty (20) years beginning from the date of execution of this
Agreement. This Agreement shall be automatically extended for additional five (5) year periods, unless terminated in writing
by either party at least sixty (60) days prior to the end of the original term or any extension thereof.
If either party wishes to discontinue this Agreement at any time other than
that specified in the previous paragraph, written notice with reason to
terminate, must be given at least six (6) months prior to termination.
If the term of any addenda attached hereto remains in full force and effect
past the termination date of this agreement, then this agreement shall also
remain in full force and effect until expiration or termination of the addenda.
This Agreement and exhibits shall be reviewed by both parties on an as needed basis.
V. ENCUMBRANCES
Neither party to this Agreement shall, without first obtaining written consent of the other party, assign, pledge, or in
any way encumber this Agreement, in whole or in part, or sublet the District Property or City Property or any part thereof.
VI. CLAIMS
Nothing in this Agreement shall change or affect the duties, responsibilities, liabilities or immunities provided to the
parties under the Texas Tort Claims Act, Sections 101.001 et seq., of the Texas Civil Practice and Remedies Code.
VII. ADDENDA
The parties agree to continue to search for new areas of cooperation and to that end shall meet together regularly,
along with interested community groups and appropriate City and District administrative officials.
Separate "joint utilization agreements" for operation, maintenance, and/or other shared services may be entered into
as addenda to this agreement, when such activities are deemed to be in the interests of the parties. These addenda shall
identify exceptions or additional requirements to this agreement as may be deemed necessary and proper.
VIII. ADDITIONAL AGREEMENTS
This Agreement contains all of the agreements made by and between the
parties hereto regarding the use of District Property and City Property and
no additional agreements or understandings shall be applicable to the use of
District Property or City Property unless first agreed to, in writing, by the
parties.
IX. VENUE
This Agreement and all of its terms and provisions, as well as the rights and duties of the parties hereto, shall be
governed by the laws of the State of Texas. In the event that a lawsuit is filed by either party arising out of the terms and
provisions of this Agreement, venue for the lawsuit shall be in Tarrant County, Texas.
X. AUTHORIZATION
The undersigned officers of the parties are the properly authorized officials and have the necessary authority to
execute this Agreement on behalf of the parties. Each party hereto certifies to the other that any necessary resolutions or
orders extending said authority have been duly passed and are now in full force and effect.
Shana Yelverton
December 12, 2007
Page 5
7
Executed this ________ day of ________________, 200 in Tarrant County, Texas.
CITY OF SOUTHLAKE (CITY) CARROLL INDEPENDENT SCHOOL
DISTRICT (CISD)
By:_________________________ By:_________________________
Andy Wambsganss, Mayor Erin Shoupp, President Board of Trustees
Date:_______________________ Date:_______________________
ATTEST: ATTEST:
___________________________ ___________________________
City Secretary Craig Rothmeier, Secretary Board of
Trustees