INTERLOCAL AGREEMENT BETWEEN THE CITY OF MCKINNEY AND THE PROSPER INDEPENDENT SCHOOL DISTRICT FOR SCHOOL CROSSNG GUARDS
THE STATE OF TEXAS COLLIN COUNTY
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WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes governmental entities to contract with each other to perform governmental functions and services under the terms thereof; and WHEREAS, the City of McKinney (“McKinney”) has developed and implemented a School Crossing Guard Program, which the Prosper Independent School District (“PISD”) would like to use at its elementary schools located within the City of McKinney at intersections deemed by the McKinney Traffic Engineering Department as needing a school crossing guard; and WHEREAS, an Interlocal Agreement between McKinney and PISD would promote the parties’ public interest, in protecting the health, safety, and welfare of children traveling to and from school in the region; and WHEREAS, McKinney agrees to reimburse PISD for the costs related to the services provided through the Program. NOW, THEREFORE, McKinney and PISD agree as follows: I. SCOPE OF THE AGREEMENT McKinney agrees to reimburse PISD for the costs and expenses associated with the assignment of school crossing guards for intersections surrounding elementary schools that are part of PISD and located in McKinney, Texas. The number of school crossing guards needed will be determined by the McKinney Traffic Engineering Department. At least thirty (30) minutes before and after school hours on school days, the school crossing guards will assist children traveling to and from these PISD elementary schools at intersections chosen by the McKinney Traffic Engineering Department. PISD acknowledges and agrees that the McKinney Traffic Engineering Department has the sole discretion in determining which intersections will have a school crossing guard and the total number of school crossing guards at said intersections. II. TERM OF THE AGREEMENT Subject to the approval of the governing bodies of both entities, the initial term of this Agreement is for a period of one school year, beginning on the 27th day of August,
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2007, and ending on the 31st day of May, 2008. Thereafter, the parties may renew this Agreement without further action by the respective governing bodies for a total of five (5) successive school-year-terms, unless terminated earlier by either party in accordance with the terms of this Agreement. PISD must provide McKinney with written intent to renew this Agreement within 90 days before the expiration of any term. The expiration of each term is the last day of each school year that students within PISD attend school, as determined by the PISD Board of Trustees and as noted on the PISD school calendar. III. CONSIDERATION McKinney agrees to pay one hundred percent (100%) of the reasonable and customary labor costs and equipment costs for the number of school crossing guards determined by the McKinney Traffic Engineering Department during the term of this Agreement. Exhibit “A” contains a schedule of the applicable costs for the term beginning August 27, 2007 and ending May 31, 2008. Payment shall be made to PISD within 30 days of receipt of an invoice from PISD for reimbursement of costs. One payment will be made at the end of each term of this Agreement. IV. EMPLOYMENT OF CROSSING GUARDS PISD is solely responsible for the selection, employment, training, supervision, discipline, and termination of crossing guards under this Agreement. PISD, at its sole discretion, may: (1) determine the employment status of the crossing guards, whether as employees of PISD or as independent contractors; (2) contract with another entity for the training of the crossing guards; (3) confer or contract with another entity such as the McKinney Independent School District for the provision of substitute crossing guards when needed; (4) determine any employment substitutions of the crossing guards; and/or (5) take any other action with regard to the employment of crossing guards as it deems necessary and appropriate. Under no circumstances shall the crossing guards be considered or construed as being employees of the City of McKinney. V. TERMINATION OF THE AGREEMENT Either party at its sole option may terminate this Agreement by providing thirty (30) days written notice to the other party. VI. RELEASE AND HOLD HARMLESS Both parties agree to waive all claims against, to release, and to hold harmless the other party and its officials, officers, agents, and employees, in both their public and private capacities, for any and all liability, claims, suits, demands, losses, damages, attorneys fees, including all expenses of litigation or settlement, or causes of action that may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property arising out of or in connection with this Agreement. In the event that a claim is filed, each party is responsible for its proportionate share of liability.
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VII. IMMUNITY In the execution of this Agreement, neither party waives nor intends to waive any immunity or defense otherwise available against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement does not create any rights in parties who are not signatories to this Agreement. VIII. NOTICES Unless otherwise instructed in writing, each party will send via certified mail all contractual notices or communications to the other party at the following respective address: City Manager City of McKinney 222 Tennessee McKinney, Texas 75069 Superintendent Prosper Independent School District P.O. Box 100 Prosper, Texas 75078 IX. ENTIRE AGREEMENT OF PARTIES This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter of this Agreement. Any other agreement, statement, or promise that is not contained in this contract is not valid or binding. The parties agree that this Agreement and its attachments constitute the entire understanding of the parties. Further, the parties may only amend, supplement, modify, or cancel this Agreement through an executed written instrument. X. SEVERABILITY OF PROVISIONS In the event a term, condition, or provision of the Agreement is determined as void, unenforceable, or unlawful by a court of competent jurisdiction, the parties agree that such term, condition or provision is severable, and that the remainder of the Agreement shall remain in full force and effect. XI. GOVERNING LAW / VENUE The laws of the State of Texas govern the validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties. The parties agree that exclusive venue shall lie in Collin County, Texas.
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XII. WAIVER Neither party may waive any covenant or condition of this Agreement without the express written consent of the other party. Failure by either party to enforce a breach of any provision of this Agreement will not constitute a waiver of any subsequent breach of such provision. SIGNED AND EXECUTED on the dates indicated below: PROSPER DISTRICT INDEPENDENT SCHOOL
DATE: ________________
BY: _________________________________ DREW WATKINS, SUPERINTENDENT PROSPER INDEPENDENT SCHOOL DISTRICT
CITY OF MCKINNEY, TEXAS
DATE: ________________
BY: _________________________________ LARRY ROBINSON CITY MANAGER CITY OF MCKINNEY, TEXAS
APPROVED AS TO FORM:
___________________________ MARK HOUSER CITY ATTORNEY
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ACKNOWLEDGMENTS STATE OF TEXAS COLLIN COUNTY § § §
This instrument was acknowledged before me on the ____ day of ____________, 2007 by DREW WATKINS, Superintendent for the Prosper Independent School District, on behalf of the Prosper Independent School District.
______________________________ Notary Public, State of Texas
STATE OF TEXAS COLLIN COUNTY
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This instrument was acknowledged before me on the ____ day of ____________, 2007 by LARRY ROBINSON, City Manager of the City of McKinney, Texas, a HomeRule Municipal Corporation, on behalf of said municipal corporation.
______________________________ Notary Public, State of Texas
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EXHIBIT A SCHEDULE OF COSTS AND PAYMENTS
COSTS OF SERVICE The City of McKinney will reimburse the Prosper Independent School District for 100% of the costs and expenses for the provision of crossing guards for the PISD elementary school located within the city limits of the City of McKinney. The number of crossing guards will be determined by the McKinney Traffic Engineering Department. The following costs are applicable to the term beginning on the 27th day of August, 2007 and ending on the 31st day of May, 2008. EQUIPMENT Apparel: $ 30.25 (for each guard) Each guard will require the following items: Rain Coat $11.00 Stop Sign $12.00 Vest $6.00 Whistle $1.25 Total $ 30.25 LABOR Salaries & Training Guard @ $11.25 X 2 hours per day X 175 days = $ 3,937.50 each Total $ 3,937.50 for each guard COST OF WORKER’S COMP INSURANCE The cost for Workers Comp is $4.10 per $100.00 per payroll. Take the average annual pay for an employee, divide it by 100 and multiply that by the $4.10. Average payroll per guard @ $11.25 X 2 hours x 175 days = $3,937.50 Divided by $100.00 = $39.38 Multiplied by $4.10 = $164.46 Total $ 164.46 for each guard GRAND TOTAL FOR EQUIPMENT AND LABOR COSTS FOR EACH GUARD: $ 4,132.21 SCHEDULE OF PAYMENTS Prosper ISD will bill the City of McKinney at the end of every school year for reimbursement. Bill To: Paul Sparkman McKinney Streets Dept P.O. Box 517 McKinney, Texas 75070
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