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13.0 Evaluation <br />It is mutually agreed that SMCISD may annually evaluate the SRO Program and the <br />performance of each SRO. It is further understood that the SMCISD' S evaluation of each <br />officer is on an advisory capacity only and that the DEPARTMENT retains the final authority <br />to evaluate the performance of the SROs. The SMCISD Superintendent, or the <br />Superintendent's designee, and the Liaison Officer from the DEPARTMENT shall meet <br />monthly to discuss the status of the SRO Program and its officers, as well as the COPS <br />Program at SMCISD. <br />14.0 Exchanize of Information <br />It is mutually agreed that SMCISD and the SROs will work together to curtail criminal <br />activity on SMCISD property. As such, all SROs shall share any information with the <br />SMCISD Superintendent, or the Superintendent's designee, and Principals in relation to an <br />arrest or an investigation involving SMCISD personnel or students, except if such sharing of <br />information impedes or obstructs the investigation of a crime. If a SRO withholds <br />information or refuses to share information with the SMCISD Superintendent, or the <br />Superintendent's designee or campus Principal after an oral or written request has been made <br />and there is no justifiable reason for the withholding of the information, then the SRO shall be <br />removed from SMCISD, upon the request of SMCISD. To the extent allowed by the Family <br />Educational Rights and Privacy Act and the Texas Education Code, SMCISD shall share <br />information relevant to the prosecution or investigation of a crime with the SROs. <br />15.0 Relationship Of The Parties <br />Under no circumstances shall either party be deemed an employee of the other, nor shall <br />either party act as an agent of the other party. Any and all joint venture or partnership status <br />is hereby expressly denied and the parties expressly state that they have not formed, either <br />express or impliedly, a joint venture or partnership. <br />The DEPARTMENT, its employees, agents, and representatives, are not in any manner <br />employed by SMCISD. Additionally, it is agreed upon, that the SMCISD employees, agents, <br />and representatives, are not employees of or agents of the DEPARTMENT. Each political <br />subdivision is responsible for the acts or omissions of its own employees, agents, or <br />representatives. <br />16.0 Enforcement <br />16.1 Severability. In case any one or more of the provisions contained in this Agreement <br />shall for any reason be held by a court of competent jurisdiction to be invalid, illegal, <br />or unenforceable in any respect, such invalidity, illegality, or unenforceability shall <br />not affect any other provision of the Agreement, and this Agreement shall be <br />constructed as if the invalid, illegal, or unenforceable provision had never been <br />included in the Agreement. <br />7 of 9 <br />