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Res 07-63 Amending and Renewing an Agreement for Police Services with the City of KellerTOWN OF WESTLAKE RESOLUTION NO. 07-63 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AMENDING AND RENEWING AN INTERLOCAL AGREEMENT FOR POLICE SERVICES WITH THE CITY OF KELLER, TEXAS, APPROVED THE 13TH DAY OF MAY, 2002, AND AUTHORIZING THE TOWN MANAGER TO EXECUTE SAID AMENDED AGREEMENT ON BEHALF OF THE TOWN OF WESTLAKE, TEXAS. WHEREAS, an Interlocal Agreement for police services being provided by the City of Keller, Texas for the Town of Westlake, Texas was approved on May 13, 2002, for an initial term of twenty-eight (28) months; and WHEREAS, in accordance with the term and conditions of said agreement, it contemplated an annual review of the budget (expenditures) related to police services being performed by the City of Keller and that amendments related thereto may be made in accordance with the provisions therefore as outlined in the agreement; and WHEREAS, the City of Keller has completed its calculation and review of the annual police services budget as it pertains to the services provided the Town of Westlake and hereby requests the following amendments to the agreement be approved. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the above findings are hereby found to be true and correct and are incorporated herein in their entirety. SECTION 2: That the Interlocal Agreement for Police Services is hereby renewed for an additional year beginning October 1, 2007 and ending September 30, 2008. SECTION 3: That Section 4.a is amended to read as follows: "a. Pay the sum of $729,900.00 Dollars to Keller for police services for the twelve-month period beginning October 1, 2007 and ending September 30, 2008, said sum to be paid in four (4) equal installments of $182,475.00 Dollars beginning October 1, 2007. The amount of charges to Westlake has been established based on the proposed Fiscal Year 2007108 Keller Police Department Operating budget and budgeted General and Administrative Charges as described in Exhibit "A" as amended and attached hereto." SECTION 4: That Section 5 is amended to read as follows: "Payments for Services Performed. All payments referred to herein shall be paid by Westlake to Keller in four (4) equal installments on the I" day of each calendar quarter beginning October 1, 2007, in advance of the services performed by Keller for Westlake for each calendar quarter of Keller's fiscal year 2007/08. The annual payment amount shall be Keller's budgeted amount for the police services being provided as reflected in Exhibit "A". Keller has provided to Westlake, on a fiscal year basis, the cost of police services, based on Keller's 2007/08 fiscal year Police Department Operating Budget adjusted to include Keller's annual Police Department Operating 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 Fiscal Year beginning October 1, 2007, as well as any direct expenditure increase(s) necessary to serve only Westlake. In the event the Westlake Board of Aldermen fails or refuses to approve the annual payment amount outlined in Exhibit "A" by September 30th, 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 5: That all provisions not hereby amended shall remain in full force and effect. SECTION 6: This Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THIS 24th DAY OF SEPTEMBER 2007, ATTEST: Grim utter, TRMC, Town Secretary AP OV S T�-l' RM: Lo awn Attorney Scott Bradley, Mayor Trent Petty, Town M ager FISCAL YEAR 2007108 POLICE DEPARTMENT OPERATING And GENERAL AND ADMINISTRATIVE BUDGETS FOR POLICE SERVICES TO THE TOWN OF WESTLAKE. OPERATING BUDGET $6,933,000 .00 Includes eighty-two (82) 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 82 FTEs Cost per Full-time Employee $ 84,548.00 Annual Service Level Calculation: 8 FTEs (1) x $ 84,548.00 $ 676,384.00 GENERAL AND ADMINISTRATIVE CHARGES (2) 53,516.00 Includes services of Administration, Finance Administration, Human Resources, and Non - Operating Expense. TOTAL ANNUAL COST S 729,900.00 (I) 5 Police Patrol Officers 2 Police Motorcycle Officers 1 Records Cleric 8 FTEs (2) PERCENT (%) OF RESPECTNE ANNUAL OPERATING BUDGET USED; Administration 2% Finance Admin 3% Human Resources 3% Non-operating 1% EXHIBIT A INTERLOCAL AGREEMENT FOR POLICE SERVICES THE STATE OF TEXAS X COUNTIES OF TARRANT 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 WHEREAS, the parties hereto desire to enter into said agreement 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 an initial tern of twenty-eight (28) months commencing on June 1, 2002, and ending September 30, 2004, and may be extended thereafter by mutual consent of the parties hereto and for such periods as may be mutually agreed upon. However, in accordance with the Texas Interlocal Cooperation Act, not later than September 30 of each year, commencing with September 30, 2002, 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. WESTLAKE may extend the aforementioned initial term for an additional term of one year, or additional one- year terns, provided that notice of intent to do so be provide not less than nine (9) months prior to the end of the then current annual term. Section 3. Scope of Services, KILLER KELLER hereby agrees to provide WESTLAKE the following equipment, services, personnel, and facilities (Section 1 a. -g.. 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. It is anticipated that full staffing, including completion of required training and certifications, to ensure an adequate level of policing will be completed by October 1, 2002. Full staffing for police services shall be as provided for in Exhibit "A", attached hereto, and incorporated herein by reference. Exhibit "A" can be amended and/or replaced upon the agreement of the parties, and any such change will result in the corresponding change to the payments to be provided for herein. b. 24-hour police dispatch services, including 911 dispatching for police, fire and emergency medical service (EMS). The cost of transferring 911 facilities and/or tails from WESTLAKE (Denton County) to KELLER Dispatch shall be paid by WESTLAKE. C. Animal control and enforcement services. d. Jail capacity and services for housing WESTLAKE prisoners including providing booking services. e. All human resource services necessary for the recruitment, screening, employment, and training of all personnel required to provide services to WESTLAKE, including providing all employee polices and procedures and the administration thereof. f. 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. g. 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. h. To provide access to WESTLAKE's warrant information retained by KELLER Dispatch to the WESTLAKE Town Marshal and all other law enforcement agencies. Section 4. WESTLAKE Obligations. WESTLAKE agrees to perform the following: a. Pay the sum of One Hundred Eight Thousand, Ninety-four ($108,044.00) Dollars to KELLER for the police services for the four-month period beginning with the execution of this agreement by both parties on or before June 1, 2002, and ending September 30, 2002, said sum to be paid in two equal installments of Fifty-four Thousand, Forty-seven ($54,047.00) Dollars beginning with the date of execution of this Agreement by both parties and the second installment payment due on or before September 30, 2002. The amount of charges has been established based on the adopted Fiscal Year 2001/2002 KELLER Police Department Operating budget and budgeted General and Administrative Charges from which base charges to WESTLAKE shall be determined for subsequent years. 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 thirty (30) 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. Provide a Town Marshall, employed and supervised by WESTLAKE, for the purpose of serving WESTLAKE municipal warrants. WESTLAKE shall be responsible for the Law Enforcement Commission for said Marshall and shall provide the required re -certification training. The Town Marshall shall have access to WESTLAKE municipal warrants retained at the KELLER dispatch. f. Pay to KELLER the additional sums provided for in Section 5. Section 5. Payments for Services Performed. All payments referred to herein, except for the payment period outlined in Section 4 a. hereinabove shall be paid by WESTLAKE to KELLER in four (4) equal installments on the 1" day of each calendar quarter beginning October 1, 2002 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. In the event the WESTLAKE Board of Aldermen fails or refuses to approve the annual payment amount by August 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 respective city. Section 7. Cancellation. A. Either party shall have the right to terminate this agreement by giving written notice to the other party at least nine (9) months 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 eight (8) months until March 31 of that Fiscal Year. The cost of police services for the final six (6) months of the Agreement shall be equal to one half (112) of the annual payment amount submitted by KELLER for that Fiscal Year, which amount shall be paid in two equal installments, the first to be paid no later than September 30 of such year, and the second to be paid no later that December 31 of such year. On agreement of the parties, the level of police services and the corresponding payment amount may be reduced following the issuance of a notice of cancellation of the Agreement. Section 8. Notices. All written notices shall be sent to the following parties by certified mail — return receipt requested: KELLER Lyle H. Dresher, City Manager City of Keller P.O. Box 770 Keller, TX 76244 WESTLAKE Trent Petty, Town Manager Town of Westlake 3 Village Circle, Suite 207 Solana 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. 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 WESTLAKE' S negligence or its performance hereunder, save and except intentional acts or acts of gross negligence by KELLER. KELLER agrees to hold harmless, save and indemnify WESTLAKE for any and all claims for damages, personal injury and/or death that may be asserted against WESTLAKE arising from KELLER'S negligence or its performance hereunder, save and accept intentional acts or acts of gross negligence by WESTLAKE. 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 WHEREOF, we have hereunto set our hands this the 13 day of 2002, in duplicate originals. CITY OF KELLER, TOWN OF WESTLAKE, TEXAS By: ScA Bradley Min' I— ATTEST: ATTEST: APPROVED AS City y: Gin& Crossway Town Secretary Col