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HomeMy WebLinkAbout04/20/2021 PACKET - SPECIAL MEETING BEAUM© NT TEXAS SPECIAL MEETING OF THE CITY COUNCIL CIVIC CENTER TUESDAY,APRIL 20,2021 5:00 PM 701 MAIN ST. AGENDA CALL TO ORDER Roll Call DISCUSSION ITEM * The Beaumont City Council will meet with the Beaumont Independent School District's Board of Trustees to discuss the School Crossing Guard Program; the interlocal agreement between the two entities regarding the School Crossing Guard Program; and other items of mutual concern or mutual benefit GENERAL BUSINESS 1. Consider a resolution authorizing additional compensation to the Beaumont Independent School District (BISD)related to the School Crossing Guard Program and authorizing the City Manager to amend the interlocal agreement with BISD or to execute a new interlocal agreement with BISD depending on the City Council's resolution or determination COMMENTS Public Comment(Persons are limited to 3 minutes) • Councilmembers/City Manager/City Attorney comment on various matters Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. DISCUSSION ITEM * The Beaumont City Council will meet with the Beaumont Independent School District's Board of Trustees to discuss the School Crossing Guard Program; the interlocal agreement between the two entities regarding the School Crossing Guard Program; and other items of mutual concern or mutual benefit I April 20, 2021 Consider a resolution authorizing additional compensation to the Beaumont Independent School District (BISD)related to the School Crossing Guard Program and authorizing the City Manager to amend the interlocal agreement with BISD or to execute a new interlocal agreement with BISD depending on the City Council's resolution or determination BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: April 20, 2021 REQUESTED ACTION: Council consider a resolution authorizing additional compensation to the Beaumont Independent School District(BISD) related to the School Crossing Guard Program and authorizing the City Manager to amend the interlocal agreement with BISD or to execute a new interlocal agreement with BISD depending on the City Council's resolution or determination. BACKGROUND The City Council authorized an interlocal agreement(ILA)with BISD on September 15,2020 that obligated the City to compensate the School District for specific amounts related to the crossing guard program through 2023. The executed ILA is attached for your review. This item was placed on the agenda for consideration by Councilmember Mouton and Councilmember Samuel, to specifically discuss the City's funding amounts in future years. RESOLUTION NO. 20-187 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Interlocal Agreement with the Beaumont Independent School District (BISD) relating to the School C Crossing Guard Program, The Interlocal Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. , The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of September, 2020. le�r"InN% 1 - Mayor Becky Ames- Uj �A 109 'r'"�e3tamaa P.a+�" INTEELOCAL AGREEMENT BETWEEN: CITY OF BEAUMONT,TEXAS&BEAUMONT INDEPENDENT SCHOOL DISTRICT This Interlocal Agreement("the Agreement')is entered into by and between the City of Beaumont, ("City'), and the Beaumont Independent School District, ("District') (collectively referred to herein as the "Parties"),entities that are authorized to enter into intedocal agreements in accordance with Section 791.001, at. seq., of the Texas Government Code. WHEREAS, the District, currently operates a School Crossing Guard program (the "Program"), WHEREAS,the purpose of the program is to ensure students'safety as they come and go to the Districts campuses using city road ways, WHEREAS, the Board of Trustees determines that student safety and student transportation are important educational and public purposes,and the program benefits these educational and public purposes;NOW THEREFORE the parties agree as follows: Article I: Purpose of the Agreement The purpose of this Agreement is to provide the terms and conditions of the Program. Article II:Terms of the Agreement This Agreement will be in effect for a three-year term coinciding with the District's fiscal year beginning July 1,2020 and expiring September 30,2023. Unless otherwise stated herein,any notice under this Agreement shall be in writing and directed to the following individuals: To City: City of Beaumont Kyle Hayes,City Manager P.O. Box 3827 Beaumont,Texas 77704 Telephone: 409-880-3725 Email: kyle.hayes@beaumonttexas.gov To District: Beaumont Independent School District Dr.Shannon Allen,Superintendent 3395 Harrison Avenue Beaumont,Texas 77706 Telephone: (409)617-5000 Email: spier®bmtisd.com Intalocal Agreement Regarding School Crossing Guards:City of Beaumont&Beaumont ISD Page I of 3 Emall:kyle.haym@beaumonttexae.gov To District Beaumont lndependentSchool District Dr.Shannon Allen,Superintendent 3395 Harrison Avenue Beaumont,Texas 77706 Telephone: (409)617-5000 Email:spier®bmtisd.com Article III:Obligation of District District agrees to provide overall management and administration of the program and its employees,including documentation to support invoices submitted to the City. District will provide training for all Crossing Guards in traffic directions as defined by the basic peace officer course curriculum established by the Commission on Law Enforcement Standards and Education. Article IV:Obligation of City The City agrees to compensate the District pursuant to the below payment structure for all expenses related to the crossing guard program. 2020-2021: $90,000 2021-2021 $45,000 2022-2023: $22,500 The City will reimburse the District via a biannual invoice.The first invoice will be submitted by January 15 and due no later than February 15.The second invoice will be submitted by June 15 and due no later than July IS. Article V.Indemnity To the extent permitted by Texas law, the parties agree to hold harmless one another and to not be liable to the other party for any and all claims,causes,of action, suits, damages, including but not limited to, lost profits, special, incidental, consequential or punitive damages, whether in tort, for breach of contract, breach of warranties,express or implied,or otherwise.Neither party warrants that any duties and obligations performed hereunder will be without defect or interruption The parties agree to work cooperatively and to use best efforts to execute the program. interlocal Agreement Regarding School Cmseing Gu46Bs:City ofll a nt so BesamontlSD Page 2d3 i 77 -7-77,- -777,77, 77 1 7 7- 7�, 77.7, 77 7777, Article VE Venue&Applicable Law The parties agree that the venue in any legal action brought pursuant to this agreement shall He in Jefferson County,Tema.The validity of this agreement and Its terms and provisions,as well as the rights and duties of the parties,shall be governed by the law of the state of Texas. Article VD:Merger&Severabitity This Agreement constitutes; the entire agreement between the parties with respect to the Sublea matter of school crossing guards, and supersedes any prior understanding or agreements,whether written or oral,between the parties with respect to the subject matter of this Agreement No amendment modificatfOal,or situation Of the terms of Oils Agreement will be binding on either party unless the am is in I I writing, dated subsequent to the date of this document and is duly executed by =authorized person acting for the party againstwhom enforcement is sought.Should my dame become unenforceable due to illegality,it shall be stricken and the remainder of the agreement enforceable. Article VM-.Intended Parties and Authority There shall be no third party beneficiaries with any rights whatsoever as in either party under this Agreement Both parties ackmwledge they have the legal authority to enter into this Agreement and commit to the terms herein,and the parties hereby agree to be bound by such terms. This Agreement is effective on the date of the last signature obtained below. AGREED: AGREED: City of Beaumont UmumontISD 83 L Kyle Hayes,City Manager Shannon Allen,Superintendent Date: /0 - z9- zo Date: Interlocal Agreement Regarding School C,,q1ngGnWr,City of Beaumont&Beaumont 191) Page 3 of RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Interlocal Agreement with the Beaumont Independent School District (BISD) relating to the School Crossing Guard Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of April, 2021. - Mayor Becky Ames -