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Home My WebLink AboutRES 23-234RESOLUTION NO. 23-234 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 Beaumont Independent School District (BISD) for the School Crossing Guard Program, attached hereto as Exhibit "A 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 ofjBeaumont this the 22nd day of August, 2023. Mayor Rb y West INTERLOCAL AGREEMENT BETWEEN: CITY OF BEAUMONT, TEXAS & BEAUMONT INDEPENDENT SCHOOL DISRICT 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 interlocal agreements in accordance with Section 791,001, et. 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 District's campuses using city roadways, WHEREAS, the Board of Trustees and the City Council determine 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 beginning October 1, 2023, and expiring September 30, 2026. This agreement may be terminated by either party upon thirty days' written notice or immediately upon written notice by either party if termination is due to unavailability or failure to budget finds by either party. Unless otherwise stated herein, any notice under this Agreen-rent shall be in writing and directed to the following individuals: To City; Kenneth R. Williams, City Manager P.O. Box 3827 Beaumont, Texas 77704 409-880-3725 Kenneth.willianis c beatronttexas. ,,ov To District; Beaumont Independent School District Dr. Shannon Allen, Superintendent 3395 Harrison Avenue Beaumont, Texas 77706 409-617-5000 spierg bnitisd.com Page 11 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 for half of all expenses related to the crossing guard program, not to exceed $90,000 annually during the term of the agreement. 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 15. 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. Article VI: Venue & Applicable Law The parties agree that the venue in any legal action brought pursuant to this agreement shall lie in Jefferson County, Texas. 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 VII: Merger & Severability This Agreement constitutes the entire agreement between the parties with respect to the subject matter of school crossing guards, and supersedes any prior understanding or agreennents, whether written or oral, between the parties with respect to the subject rnlatter of this Agreement. No amendment, modification, or alteration of the terms of this Agreement will be binding on either party unless the same is in writing, dated subsequent to the date of this document, and is duly executed by an authorized person acting for the party against whom enforcement is sought. Should any clause become unenforceable due to illegality, it shall be stricken and the remainder of the agreement enforceable. Page 12 Article VIII: Intended Parties and Authority There shall be no third -party beneficiaries with any rights whatsoever as to either party under this Agreement. Both parties acknowledge they have the legal authority to enter into this Agreement and conunit 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: City of Beaumont Date: Date: AGREED: Beaumont ISD IN Page 13 M 111111� ! 11111q� Iii[Il'Ill 11111[i 1911011111: el; � ffg 11HIMOM12 k...onsider approval of Interloical Agreement wilth City of'Bleaurnont concierin ng Crossing, Guards 21"IM3 Execultive Summary: Beaumont ISD and the Cilty of Beaumont partner to provid 'e crossing �luards, for a,!! BISD campuses., Currently BISD emploiys the crossing guards a,nd the City of Beiaumont reimburses, BISD for half ofall expenses, related, to the program. The agreement as, Presented renews t�he program �as I is currently operating 'for a period of three years. RecommendatIan. Approve, the interlocal Agreement with the City olf Beaumont and authofte the, Superintendent to execute the terms of the agreement. Budget Impacts '(*If appficable):' Funding Source (ifapplicable): Compliance with Purchasing Guidelines (list applicable guld"elines,incliuding grant requirements): N/A Polificy Reference (''Iff applicable, HIM pollcy/regWation): Legal, Reviijew (if neicessary, list attorney and firm) Cabinet LeNW Presenter's Slgni6re ac Slgnaturerequired iff there 1s, a budget impac Noe UAoo General Counsel"s Signature 9 1 14 /142023 to Date, NAS, & DISMICI 14Y Of the Agrecinent") is entered In(o b), ,ind bellmeen the (11 (111COty,111 Thatiniont 'Ot and thc Beauniont 11'1IdCpC1,,ldCnt School I)Istrict, ("Distric-0), (COUCCLively rel"erre'd to hercill as the 114artics'%, entitlics tholt jjj*c alit fjoj-*v.cd to enler, Into inlcrlocid. Govel-ninenI Code. ag,veen1ents in wilth, Scetion 791.001, et. 0 17the "I"ex"s 1, 1 1 W141"�13ZE,AS, Lhe Dishict. currently opat',,ates a School Crossing Guard program (the "I'll WI-11]�',l'U"AS, the go, to tfic 1"mirl")OSe Of Ove progt.4"1111 IN CO MSM-C, StUd"wits, salety as they cotne itild oadways, D sbict's can,Ij,,)uscs us,"ng cIcy I -ustces atid tfic C*ty Coutic"I detertnine, that student safety and stru'dent WIIER,EAS, the Boat-cl (,.)f T1 (10,011 4`11V ltnportavit educlaal ai,nd public purl,)oses, and the prograni, bendits, these educt-111611'al at"Id, put)ficl the pitt-tie'S 11gl"Ce las f6flows.. Articlef: of the Agn-muctit inti-pose of this Agrcenwult is, to, provide the terms -calld colid'itionos Of the progral"n. Ailicle H: 1, 11 erms, offixt Agrccnw;�Ht Ttils, Agi-cerneril w,111, be in cf',f*(--,wct for, a, 011-ce-yet,"u, terni begInning October 1., 2023, and -enienl nmy, be termin,atal, bycither party uj,,)on t1firty (it Y,,q cxj,,)1r'1ng, SePternber 30, 2026. 11iis agre , a 0 writ,ten nottee 01: 1, H, eon not"cher tly f terniaiol'I's duc to I 'fab"Ry m", fifflure to budget funds by cidier p(art, 11,tuaval i 1, 1 ( K I Y 11 C11 1, n, t ny , 11011ce 1111der this Agree i,icnt shall be *ti wr't,* 19 ' '10 untess 0111'ermse stiated herci d irected to dic rollowing, 111d", ividil"I'lls: 1"o Clity,*- Xcnneth R. WHIM11:1's, City M(111( P.0, Box 38,27 Beaumont, "I"(Mas, 77704 409-8,80-37,25 C1111C11,11)" \v i I gon'ttext A!. `1,tol D111strict: 13c4c,11111101lt 111dej, ")ct"I(lent schoo,!� D'Is-hict Dr. Shat,:ii,ion Allen, S,,uj,,)crj*n(eiidcnt 3395 1-larrison Avenue Beauniumit, "F(,*.xas 77706 140--6 17-5000 IC c 1, Article M: Obligation of District District agrees to provide overall management and administration of the program and its e uployees, including documentation to support hivoices submitted to the City. District will provide Wining for all Crossing Quay-ds in traffic directions as defined by the basic peace officer coarse curriculum established by the Coimnission on Taw Enforcement Standards and Education. Article IV: Obllgafioxx of City The City agmes to compensate the District for half of all expenses related to the crossing guard Program, not to exceed $90,000 annually during the teini of the agi eement. Mie City will reimburse the District via a biannual invoice. The first invoice wilt be submitted by January 15 and due no later titan February 1 S. 'Tice second invoice will be submitted by June 15 and due no later than July I S. Article Vs. Indextrrricty To the extent permitted by Texas law, the parties agree to hold hanirless one another and to not be liable to tits other party forany and all claims, causes of action, suits, danW"Aft i�tcluding but not limited to, lost profits, special, incidental, consequential or punitive damages, whether in tort, for breach of confi=t, breach of warranties, express or implied, or otherwise. Neither party warrants that any duties and obligations perfonned hereunder wilt be without defect or interruption. The parties agree to work cooperatively and to use best efforts to execute the Pwgmmo Article VI: venue & Applicable Law Mie pares agree that the venue hi any legal action brought pumuant to this a8welZlmlt shall lie M Wfersoll County, Texas. Mie validity of this agreement and its terns and provisions, as well as the rights and duties of the parties, shall be goveuied by the law of the State of Texas. Article VIt; Merger & Sever ability This Agreement constitutes the entire agreement between the parties with respect to the subject matter of school crossing guards, and supersedes any prior undeastis*%mg or agreements, whether written or oral, between the parties with respect to the subject matter of this Agreement. No amendment, modification, or alteration of the term of this Agreement will be binduig on either party uixims the sane is in writhV, dated subsequcat to the date of this document, and is duty executed by an authorized Peron acting for the party against whom enforcement is sought. Should any clause become unenforceable due to illegality, it shalt be stricken and the remainder Of the agreement enforceable. Page 12 136 -('Illcl�e'V'1'1,,[,,,-t''fj,iteii,,('I(.k(l, Ilailies taird Auth,()rity be no beilcficl,aric.s With .(Itly p, rly under this, Agrecull,c)IC II(All acknow1c(Ige tficy have the log'al aulthari I It l), 10 e 1 0, Ily to entel",* into; this Agrc,,etllellt .4111�,d ('0,011,mut N"), the ternis herc*0,1"ll, and tho j,"),arties here"by 'I'ligirce 'to bebourld S by,!''atch wrim), green'I'ant, is the (I ate filst s*glialux 01.)Uirwd beloml. I ummmm (".1ty ol" fl(�!au ISD 13 c 1`3 y �� N' � Wile , „, � T )atc: 1"); t ge 1 3 137