HomeMy WebLinkAboutRes 18-28 Approving an Interlocal Agreement with City of Keller for Police Services TOWN OF WESTLAKE
RESOLUTION NO. 18-28
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE CITY OF
KELLER FOR POLICE SERVICES.
WHEREAS, the Council desires to provide its residents and businesses with full-time
police protection and services: 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; and,
WHEREAS, an Interlocal Agreement for police services being provided by the
City of Keller, Texas for the Town of Westlake, Texas was approved by Resolution 02-20; and;
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, including the extension of
the agreement for a five (5) year term with provisions as stated in this resolution, may be made in
accordance with the provisions therefore as outlined in the agreement; and
WHEREAS, this agreement shall be in conformance with Chapter 791 of the Texas
Government Code, more commonly known as the "Interlocal Cooperation Act".; and,
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That the Town of Westlake Town Council does hereby approves the
Interlocal Agreement with the City of Keller for Police Services, attached as Exhibit "A".
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution 18-28
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SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 27TH DAY OF AUGUST 2018.
ATTEST: .7 L 4,
Laura L. Wheat, Mayor
Kelyy Edwarts, Town Secretary ,, Thomas E. Brymer, i• ' n Manager
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Resolution 18-28
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INTERLOCAL AGREEMENT
FOR POLICE SERVICES
THE STATE OF TEXAS )(
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 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,
2018 and ending September 30, 2023. 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 continue their Community Driven policing model that incorporates data
driven and problem oriented policing strategies in partnership with the Town of Westlake,
to include, contemporary crime and traffic crash reduction strategies, such as Bicycle
Patrol, Foot Patrol, and Directed Enforcement functions.
c. 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 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.
d. KELLER agrees to remain accredited with the Commission on Accreditation for Law
Enforcement Agencies during this agreement. This offers WESTLAKE a level of service
excellence, performance measurement, and accountability that only a select number of
other law enforcement agencies in the nation can offer.
e. 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
Page 2 of 6
to conduct crime prevention programs in the community and at The Westlake Academy
upon a timely request.
f. 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.
g. 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.
h. 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.
i. 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.
j. 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.
k. 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.
1. To provide access to WESTLAKE's warrant information retained by KELLER Dispatch
to the WESTLAKE Town Marshall and all other law enforcement agencies.
m. 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.
n. KELLER agrees to make available a command staff officer at all Town of Westlake Town
Council and staff meetings, and at the Town of Westlake's request, be in attendance at
Town functions not specified within this agreement.
o. KELLER agrees to provide the necessary support to WESTLAKE for TCIC access in the
Town Marshall vehicle and the WESTLAKE Municipal Court Office.
Section 4. WESTLAKE Obligations. WESTLAKE agrees to perform the following:
a. Pay to KELLER the sums provided in Section 5.
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b. The Town of Westlake recognizes that this Service Agreement is a Social Contract between
the Town of Westlake and Keller Police Department that is built on the building and
enhancement of partnerships designed to promote Town engagement in working to
improve the quality of life for all persons who live,visit,and conduct business in the Town
of Westlake.
c. 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.
d. 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 chose to utilize a Town Marshall, WESTLAKE will provide the 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.
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 Pt day of each calendar quarter beginning
October 1, 2018 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 respective city.
Page 4 of 6
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
Mark Hafner, City Manager Tom Brymer,Town Manager
City of Keller Town of Westlake
P.O. Box 770 1500 Solana Blvd.,Bldg. 7, Suite 7200
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.
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
Page 5 of 6
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. r� c
IN WITNESS WHEREOF, we have hereunto set our hands this the �0 day of x2018, in
duplicate originals.
C7 F LLER,TEXAS TOWN OF WESTLAIKE,TEXAS
y: P.H.McGrail By:Laura Wheat
Mayor Mayor
?&zrAzt-- AQ66&W
By: Mark Aafner By: Thomas.E. r
City Manager Town Manager
ATTEST: ATTEST:
Ad(,
By: lkellyllalhiAd G�SY OF By: )Kelly Ulwards
City Secretary �. ' l� Town Secretary
* OFWESTL9
APPRO AST O `plgTE OF }�
TEXP�
. Stant
City Attorney
Page 6 of 6
EXHIBIT A
FISCAL YEAR 2018/19
POLICE DEPARTMENT OPERATING
And GENERAL AND ADMINISTRATIVE BUDGETS
FOR POLICE SERVICES TO THE TOWN OF WESTLAKE.
ESTIMATE AS OF 08/27/18
OPERATING BUDGET $9,895,416
Includes ninety and one half(90.5)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
90.5 FTEs
Cost per Full-time Employee $ 109,342
Annual Service Level Calculation: 8 FTEs (1)x $ 109,342 $ 874,736
GENERAL AND ADMINISTRATIVE CHARGES (2) $ 82,743
Includes services of Administration , Finance
Administration, Human Resources, and Non-
Operating Expense.
ESTIMATES TOTAL ANNUAL COST $ 957,479
(1) 5 Police Patrol Officers
2 Police Motorcycle Officers
1 Records Clerk
8 FTEs
(2) PERCENT(%)OF RESPECTIVE ANNUAL
OPERATING BUDGET USED:
Information Services 1.5%
Finance Admin 1.25%
Human Resources 2.5%
Non-operating 1.0%