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Res 13-23A Approving an Agreement for Police Services with the City of Keller RESOLUTION 13-23A INTERLOCAL AGREEMENT FOR POLICE SERVICES THE STATE OF TEXAS COUNTIES OFT ANT And DENTON THIS AGREEMENT, is made and entered into by the CITY OF KELLER, TEXAS, a Home Rule municipal corporation, hereinafter referred to as "KELLER", and the TOWN OF WESTLAKE, TEXAS, a Type A General Law municipal corporation, hereinafter referred to as "WESTLAKE", each acting by and through its duly appointed city managers: WITNESETH: WHEREAS, WESTLAKE is desirous of providing its residents and businesses with full-time police protection and services, and WHEREAS, KELLER is desirous of furnishing full-time police protection and law enforcement services to WESTLAKE and has been doing so continuously under previous Interlocal Agreements since 2002, and WHEREAS, the parties hereto desire to enter into said agreement to continue to provide police protection and law enforcement services at the highest level possible for both communities in accordance with the terms and conditions set forth herein, and WHEREAS, all payments to be made hereunder shall be made from current revenues available to the paying party; and WHEREAS, KELLER and WESTLAKE have concluded that this Agreement fairly compensates the performing party for the services being provided hereunder; and WHEREAS, KELLER and WESTLAKE believe that this Agreement is in the best interests of KELLER and WESTLAKE; and WHEREAS, this Agreement has been approved by the governing bodies of KELLER and WESTLAKE;and WHEREAS, this agreement shall be in conformance with Chapter 791 of the Texas Government Code, more commonly known as the"Interlocal Cooperation Act". NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND CONSIDERATION PROVIDED FOR HEREIN, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY CONFIRMED, THE PARTIES HERETO AGREE TO THE FOLLOWING: Section 1. All matters stated above in the preamble are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. Term. This agreement shall be for a term of five (5) years commencing on October 1, 2013 and ending September 30, 2018. If either party wishes to terminate this agreement they may do so under the requirements in Section 7 below. However, in accordance with the Texas Interlocal Cooperation Act, not later than September 30 of each year, this Agreement, or amendments thereto, including any and all revisions/calculations relating to Exhibit "A" that may be applicable to a new payment schedule, shall be subject to approval by the governing bodies of KELLER and WESTLAKE in order that it shall remain in force and funds budgeted therefore. Section 3. Scope of Services, KELLER. KELLER hereby agrees to provide WESTLAKE the following equipment, services, personnel, and facilities (Section 3 a.-1.)hereinafter collectively referred to as"police services": a. An adequate number of police patrol units and motorcycle units to provide routine neighborhood patrol, patrol of business establishments and traffic control on all roadways within WESTLAKE and enforce the laws of the State of Texas and WESTLAKE, in such a manner as to provide adequate police services considering factors such as but not limited to housing densities, commercial development, roadway conditions, traffic flow, etc. To calculate a price for this agreement the cost of eight (8) full-time equivalents (FTE) will be used during the term of this agreement. Both parties agree that this is not a static staffing number. By sharing patrol districts between the two municipalities as shown in Exhibit "B" there will be times when WESTLAKE will receive more resources than what can be delivered by eight (8) employees to handle peak events like traffic collisions, criminal investigations, and major disturbances. WESTLAKE will not be subject to"black-out time" where no officers are unable to respond to life threatening or high priority incidents because of lack of resources in Westlake/North Keller. KELLER agrees to utilize all available resources including the use of Mutual Aid with surrounding cities. b. KELLER agrees to notify WESTLAKE when any of the two dedicated motor officers assigned to WESTLAKE for traffic enforcement will be absent from the forty (40) hour per-week assignment in an excess of one week for training, vacation, illness, or injury. KELLER will also notify WESTLAKE should there be a change of assignment of personnel to the two dedicated motor officers in WESTLAKE. Should questions arise about the attendance, performance, and conduct of the motor officers assigned to WESTLAKE or any other police personnel employed by KELLER, the Town Manager (or his/her designee) of WESTLAKE shall contact the KELLER Chief of Police about the concerns. The KELLER Chief of Police shall respond to the concerns and take the appropriate action if warranted. c. KELLER agrees to remain accredited with the Commission on Accreditation for Law Enforcement Agencies during this agreement. This offers WESTLAKE a 2 level of service excellence, performance measurement, and accountability that only a select number of other law enforcement agencies in the nation can offer. d. KELLER agrees to provide WESTLAKE with the full services of a Criminal Investigations Division, Special Weapons and Tactics (SWAT) Team, and a Community Service Officer to conduct crime prevention programs in the community and at The Westlake Academy upon a timely request. e. KELLER agrees to provide WESTLAKE with 24-hour police dispatch services, including 911 dispatching for police, fire and emergency medical service (EMS) at the NETCOM communications center at the KELLER police facility. £ KELLER agrees to provide WESTLAKE Animal control and enforcement services, and animal impound space from the Regional Animal Services Center located at the KELLER police facility. g. KELLER agrees to provide WESTLAKE Jail capacity and services for housing WESTLAKE prisoners including providing booking services at the Regional Holding facility located at the KELLER police facility. h. All human resource services necessary for the recruitment, screening, employment, and training of all personnel required to provide services to WESTLAKE under this agreement, including providing all employee polices and procedures and the administration thereof. i. All general and personal liability coverage necessary for the adequate protection of KELLER personnel providing said police services to WESTLAKE at the same level of protection afforded officers and employees while performing the same or similar duties in KELLER, provided however, that neither party shall be responsible for the other parties' employee retirement and/or pension benefits. j. All crime reporting and maintain all required law enforcement activity reports/statistics pertinent to WESTLAKE for the purpose of providing WESTLAKE performance measures relating to services provided by KELLER in accordance with this agreement. k. To provide access to WESTLAKE's warrant information retained by KELLER Dispatch to the WESTLAKE Town Marshal and all other law enforcement agencies. 1. KELLER agrees to hold a minimum of quarterly meetings with personnel from WESTLAKE assigned by their Town Manager (or his designee) to share information and WESTLAKE will also be invited to participate in the jail and dispatch meetings with the partner cities involved in NETCOM, the Regional Holding facility, and the Regional Animal Adoption Center. in. KELLER agrees to provide the necessary support to WESTLAKE for TCIC access in the Warrant Officer vehicle and the WESTLAKE Municipal Court Office. Section 4, WESTLAKE Obligations. WESTLAKE agrees to perform the following: 3 a. Pay to KELLER the sums provided in Section 5. b. In the event a conflict between the applicable Ordinances of KELLER and WESTLAKE creates a difficulty in enforcement, KELLER shall notify WESTLAKE of such conflict. If WESTLAKE fails or refuses to amend its Ordinance(s) to be consistent with KELLER within sixty(60) days of receipt of such notice, KELLER may refrain from enforcing the conflicting Ordinance. C. Provide a facility to hold WESTLAKE Municipal Court, as well as provide the services of a Municipal Judge and prosecuting attorney. WESTLAKE shall determine both the time and place for conducting such sessions; however, its Municipal Court sessions will not conflict with the time and place of KELLER'S Municipal Court sessions. d. Arrange for WESTLAKE Municipal Judge to conduct arraignments at the KELLER Police Department whenever necessary or notified to do so by KELLER. e. If they elect to utilize a Town Marshal, WESTLAKE will provide the Marshal who will be employed and supervised by WESTLAKE, for the purpose of serving WESTLAKE municipal warrants. WESTLAKE shall be responsible for the Law Enforcement Commission for said Marshal and shall provide the required re-certification training. The Town Marshal shall have access to WESTLAKE municipal warrants retained at the KELLER dispatch. Section 5. Payments for Services Performed. All payments referred to herein shall be paid by WESTLAKE to KELLER in four (4) equal installments on the 1" day of each calendar quarter beginning October 1, 2013 in advance of the services performed by KELLER for WESTLAKE for each calendar quarter of KELLER'S fiscal year. The annual payment amount shall be KELLER's budgeted amount for the police services being provided as reflected in Exhibit"A". KELLER shall provide to WESTLAKE on an annual basis the cost of police services, based on KELLER's Fiscal Year Police Department Operating Budget adjusted annually to include KELLER's annual Police Department budget increases in personnel costs and benefits, operating costs, capital costs, and General and Administrative Charges as anticipated to be approved by the KELLER City Council during the annual budgeting process for the upcoming Fiscal Year beginning October 1, as well as any direct expenditure increase(s) necessary to serve only WESTLAKE as the result of a significant addition of a commercial/retail establishment or housing sub-division requiring dedicated permanent police resources requested by the Town Council. In the event the WESTLAKE Town Council fails or refuses to approve the annual payment amount by October 1, of any year during the term of this Agreement, such failure or refusal shall be deemed a cancellation of the Agreement pursuant to Section 7.B. herein. Section 6. Revenues Retained. All revenues, fines, forfeitures, etc. that may be generated by performing law enforcement duties within the respective municipal boundaries of KELLER and WESTLAKE shall be retained by the respective city. 4 Section 7. Cancellation. A. Either party shall have the right to terminate this agreement by giving written notice to the other party at least two(2) years prior to the subsequent October 1. All payments by WESTLAKE to KELLER shall continue until the cancellation date is reached unless a mutual agreement to the contrary is reached. B. In addition, if WESTLAKE fails or refuses to approve the annual payment amount as provided for in Section 5 hereinabove, this Agreement shall continue to be in effect for a period of two (2)years with the calculated amount due under Section 5. Section 8. Notices. All written notices shall be sent to the following parties by certified mail—return receipt requested: KELLER WESTLAKE Steve Polasek, City Manager Tom Brymer, Town Manager City of Keller Town of Westlake P.O.Box 770 3 Village Circle, Suite 202 Keller, TX 76244 Westlake, TX 76262 Section 9. Dispute Resolution. In order to ensure an effective relationship between the parties and to provide the best possible police services, it is mutually agreed that all questions arising under this Agreement shall be handled and resolved between the City Manager's of KELLER and WESTLAKE, except that citizens and/or residents of WESTLAKE shall be provided the same access to KELLER'S City Manager, Police Chief, officers and employees as KELLER residents enjoy as it pertains to said aforementioned police services. Any issues not resolved hereunder may be referred to the respective governing bodies for resolution who hereby agree to the appointment of a court-certified (certified in Tarrant County) mediator to assist in resolving said dispute as a prerequisite to the filing of any lawsuit over such issues. Section 10. Jurisdiction. By this agreement, WESTLAKE grants full and complete authorization and jurisdiction to KELLER for all police services provided by KELLER and contained in this agreement. Said jurisdiction shall apply to the town limits of WESTLAKE as shown on Exhibit`B"attached hereto. Section 11. Venue. Venue for any legal dispute arising pursuant to this agreement shall lie in Tarrant County, Texas. No litigation shall be commenced prior to affording the other party the opportunity to participate in mediation in accordance with Section 9. Section 12. At all times during the term of this agreement, all police officers and employees shall be under the supervision and control of the Chief of Police of KELLER or his duly authorized representative, and no other person. 5 Section 13. Both parties mutually agree that KELLER is an independent contractor, and shall have exclusive control of performance hereunder, and that employees of KELLER in no way are to be considered employees of WESTLAKE. Section 14. Indemnification. WESTLAKE agrees to hold harmless, save and indemnify KELLER for any and all claims for damages, personal injury and/or death that may be asserted against KELLER arising from its performance hereunder within WESTLAKE within limits of the Texas Tort Claims Act save and except intentional acts or acts of gross negligence by KELLER. The foregoing notwithstanding, the parties hereto reserve the right to all available legal defenses and all protections and limitations of liability provided by the Texas Tort Claims Act and the Texas Constitution relative to these parties. The provisions of this indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Section 15. This agreement may only be modified, changed or altered at any time, upon mutual agreement of parties, provided that any such modification, change and/or alteration be reduced to writing, and approved by the governing bodies of KELLER and WESTLAKE. IN WITNESS WIIEREOF, we have hereunto set our hands this the 26th day of August, 2013, in duplicate originals. CIT O KELLER,TEXAS TOWN OF WESTLAKE,TEXAS P.H.McGrail By.Laura Wheat Mayor Mayor, y: S eve Poiasek By: Tom Brymerf City Manager Town Mang ATTEST: ATTEST: '3R lcz APA A 41 jau&— By: eila Stephens By: )Kelly lovards City Secretary Town Secretary OF APPROV T O �c5'J� (!B > Stant 'fi L wii City Att v �XAS 6 EXHIBIT A FISCAL YEAR 2013/14 POLICE DEPARTMENT OPERATING And. GENERAL AND ADMINISTRATIVE BUDGETS FOR POLICE SERVICES TO THE TOWN OF WESTLAKE. ESTIMATE as of 8/22/2013 OPERATING BUDGET $8,274,629 Includes approximately eighty-six and one-half (86.42) full-time employee equivalents (FTEs);police patrol; traffic control, dispatch services, records, and equipment; criminal investigation services; animal control services; departmental train- ing; and capital equipment; less credit for regional communications,jail, and animal control 86.42 FTEs Cost per Full-time Employee $ 95,749 Annual Service Level Calculation: 8 FTEs(1)x$ 95,749 $ 765,992 GENERAL AND ADMINISTRATIVE CHARGES (2) $59,753 Includes services of Administration, Finance Administration, Human Resources, and Non- Operating Expense. TOTAL ANNUAL COST $ 825,745 (1) 5 Police Patrol Officers 2 Police Motorcycle Officers I Records Clerk 8 FTEs (2) PERCENT(%)OF RESPECTIVE ANNUAL OPERATING BUDGET USED: Administration 1% Finance Admin 2.5% Human Resources 3% Non-operating 1% 7