Res 2023-138R approving an Interlocal Agreement with the San Marcos Consolidated Independent School District for the city’s provision of police officers to the school district to serve as School Resource Officers

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Superintendent's designee, and Principals in relation to an arrest or an investigation involving SMCISD personnel or students within 24 hours of the incident, except if such sharing of information impedes or obstructs the investigation of a crime or such sharing is prohibited by law. If an SRO withholds information or refuses to share information with the SMCISD Superintendent, or the Superintendent's designee or campus Principal after an oral or written request has been made and there is no justifiable reason for the withholding of the information, then the SRO shall be removed from SMCISD, upon the request of SMCISD. To the extent allowed by the Family Educational Rights and Privacy Act and the Texas Education Code, SMCISD shall share information relevant to the prosecution or investigation of a crime with the SROs. 14.0 Relationship Of The Parties Under no circumstances shall either party be deemed an employee of the other, nor shall either party act as an agent of the other party. Any and all joint venture or partnership status is hereby expressly denied, and the parties expressly state that they have not formed, either express or impliedly,a joint venture or partnership. The DEPARTMENT, its employees, agents, and representatives, are not in any manner employed by SMCISD. Additionally,it is agreed upon,that the SMCISD employees, agents, and representatives, are not employees of or agents of the DEPARTMENT. Each political subdivision is responsible for the acts or omissions of its own employees, agents, or representatives. 15.0 Enforcement 15.1 Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held by a court of competent jurisdiction to be invalid,illegal,or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of the Agreement, and this Agreement shall be constructed as if the invalid, illegal, or unenforceable provision had never been included in the Agreement. 15.2 Force Majeure. Neither the DEPARTMENT nor SMCISD shall be required to perform any term, condition,or covenant in this Agreement so long as performance is delayed or prevented by force majeure, which shall mean acts of nature/natural disasters, strikes, lockouts, material, or labor restrictions by a governmental authority,civil riots,floods,and any other cause not reasonably within the control of the CITY OF SAN MARCOS POLICE DEPARTMENT or the SMCISD is unable, wholly, or in part,to prevent or overcome. If by reason of force majeure either party is prevented from full performance of its obligations under this Agreement,written notice shall be provided to the other party within three(3)days as follows: BY CERTIFIED MAIL OR HAND DELIVERY SMCISD Michael A. Cardona, Superintendent P.O. Box 1087 San Marcos, Texas 78667 8