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HomeMy WebLinkAbout03-28-22 TC & BOT Agenda Packet4 T H E T 0 W H O F WESTLAKE TOWN OF WESTLAKE TOWN COUNCIL EXECUTIVE SESSION MEETING AGENDA 1500 SOLANA BLVD, BUILDING 7, SUITE 7100, COUNCIL CHAMBER WESTLAKE, TX 76262 MARCH 28, 2022 4:00 P.M. Vision Statement An oasis of natural beauty that maintains our open spaces in balance with distinctive development, trails, and quality of life amenities amidst an ever-expanding urban landscape. Executive Session 1. CALL TO ORDER 2. EXECUTIVE SESSION The Town Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071(2) — Consultation with Attorney — to seek advice of counsel on matters in which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code - FM 1938 access for proposed Southlake development. b. Section 551.071(2) — Consultation with Town Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Resolution No. 00-19, a Contract with Hillwood Development Corporation Concerning the Design Engineering and Construction of the West Side Pump Station and the Dove Road Waterline. c. Section 551.071(2) - Consultation with Attorney — to seek advice of counsel on matters of bankruptcy proceedings by the Texas Student Housing Authority. d. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Cause No. 236-304811-18 - Builder Recovery Services, LLC v The Town of Westlake. e. Section 551. 074(a)(1): Deliberation Regarding Personnel Matters — to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: - Executive Director hiring update - MYP Principal position update 3. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 4. ADJOURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.07187 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1500 Solana Blvd., Building 7, Suite 7100, Westlake, TX 76262, March 25, 2022, by 4:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. Mary J. Ka r onsultin Town Secretary TC Executive Session Agenda — 3/28/22 Page 1 of 1 4 T H r T O W N O F WESTLAKE TOWN COUNCIL AGENDA TOWN COUNCIL & WESTLAKE ACADEMY 1500 SOLANA BLVD, BUILDING 7, SUITE 7100, COUNCIL CHAMBER WESTLAKE, TX 76262 MARCH 28, 2022 5:00 P.M. REGULAR MEETING The Town Council of the Town of Westlake serves as the governing Board for Westlake Academy. This agenda may contain both municipal and Westlake Academy items, which will be clearly identified. The open portion of the meeting will begin at 5:00 p.m. on Monday, March 28 2022. In order to advance the public health goal of promoting "social distancing" to slow the spread of the Coronavirus (COVID-19), there will be limited public access to the physical location described above. A recording of this meeting will be made and will be available to the public in accordance with the Open Meetings Act. Vision Statement An oasis of natural beauty that maintains our open spaces in balance with distinctive development, trails, and quality of life amenities amidst an ever-expanding urban landscape. Mission Statement Westlake is a unique community blending preservation of our natural environment and viewscapes, while serving our residents with superior municipal and academic services that are accessible, efficient, cost-effective, and transparent. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. CITIZEN/PARENT COMMENTS: This is an opportunity for citizens to address the Town Council or Board of Trustees on any matter, whether or not it is posted on the agenda. Individual citizen comments are normally limited to three (3) minutes; however, time limits can be adjusted by the presiding officer. The presiding officer may ask the citizen to hold their comment on an agenda item if the item is posted as a Public Hearing. The Town Council and Board of Trustees cannot by law take action nor have any discussion or deliberations on any presentation made at this time concerning an item not listed on the agenda. The Town Council and Board of Trustees will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. 4. ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the Town Council may report on the following items: (1) expression of thanks, congratulations, or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Town Council events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety. S. CONSENT AGENDA: All items listed below are considered routine by the Town Council and/or Board of Trustees and will be enacted with one motion. There will be no separate discussion of items unless a Council/Board Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. TC/BOT Agenda - 03/28/2022 Page 1 of 5 a. Consider approval of the Joint Town Council/Board of Trustees meeting minutes from March 7, 2022. b. Municipal Services: Consider approval of Resolution 22-11, ratifying an agreement with City Hall Essential and naming an Interim Town Secretary c. Municipal Services: Consider approval of Resolution 22-12, authorizing the Town Manager to hire an Administrative Assistant for the immediate needs of the Town Manager's Office and amending the adopted to allocate funding for the position. d. Municipal Services: Consider approval of Resolution 22-13 authorizing the Town Manager to purchase the equipment and licensing necessary to live stream public meetings and amending the adopted budget to allocate the necessary funding 6. REPORTS: Reports are prepared for informational purposes and will be accepted as presented. (there will be no presentations associated with the report items) There will be no separate discussion unless a Town Council Member requests that report be removed and considered separately. a. Academic Quarterly Financial Report for 2nd quarter ending February 28, 2022. WORKSHOP ITEMS Workshop items are for discussion only. No action may be taken on items listed under this portion of the agenda, other than to provide general direction to staff or to direct staff to place such items on a future agenda for action. 7. COUNCIL AGENDA ITEM REQUESTS Items listed under this section have been approved by Town Council to be placed on the Workshop for further discussion and potential direction to staff. a. Discussion of video communication that was published on or about the 171" of February and subsequently viewed by staff and residents and commented on by an academy staff member. What response should Council take to address staff and resident concerns? (Wheat 2/28) Scheduled to be placed on agenda on 3128 MUNICIPAL SERVICES S. DISCUSSION OF THE TOWN STAFF LEVEL OF ENGAGEMENT WITH THE HOMEOWNER ASSOCIATIONS PROVIDERS. 9. DISCUSSION REGARDING A COST RECOVERY AND FISCAL IMPACT TOOL TO BE UTILIZED FOR THE REVIEW OF PROPOSED DEVELOPMENT REQUESTS. 10. PRESENTATION AND DISCUSSION REGARDING THE ANNUAL REPORT FROM THE KELLER POLICE DEPARTMENT RELATIVE TO POLICE SERVICES AND THE RACIAL PROFILING REPORT FOR THE TOWN OF WESTLAKE. 11. UPDATE AND DISCUSSION OF COOKSEY COMMUNICATIONS' AUDIT AND CONSIDERATION OF LIVE -STREAMING MEETINGS. TC/BOT Agenda — 03/28/2022 Page 2 of 5 WESTLAKE ACADEMY 12. DISCUSSION OF STAFFING UPDATE a. Executive Director hiring update b. MYP Principal position update REGULAR SESSION MUNICIPAL SERVICES 13. CONDUCT A PUBLIC HEARING AND CONSIDER APPROVAL OF RESOLUTION 22-14 APPROVING A REPLAT OF BLOCK H, LOT 1, WESTLAKE ENTRADA ADDITION. 14. CONDUCT A PUBLIC HEARING AND CONSIDER APPROVAL OF RESOLUTION 22-15 APPROVING A REPLAT OF BLOCK M, LOT 1, WESTLAKE ENTRADA ADDITION. WESTLAKE ACADEMY No items scheduled for this meeting 15. EXECUTIVE SESSION: The Town Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071(2) — Consultation with Attorney — to seek advice of counsel on matters in which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code - FM 1938 access for proposed Southlake development. b. Section 551.071(2) — Consultation with Town Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Resolution No. 00-19, a Contract with Hillwood Development Corporation Concerning the Design Engineering and Construction of the West Side Pump Station and the Dove Road Waterline. c. Section 551.071(2) - Consultation with Attorney — to seek advice of counsel on matters of bankruptcy proceedings by the Texas Student Housing Authority. d. Section 551.071 - Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Cause No. 236-304811-18 - Builder Recovery Services, LLC v The Town of Westlake. e. Section 551. 074(a)(1): Deliberation Regarding Personnel Matters — to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: - Executive Director Hiring Update - MYP Principal position update 16. RECONVENE MEETING. 17. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 18. COUNCIL RECAP/STAFF DIRECTION. TC/BOT Agenda — 03/28/2022 Page 3 of 5 19. FUTURE AGENDA ITEMS: These items have been discussed by Town Council and scheduled to be placed on future Council Agendas allowing for adequate time for staff preparation on the agenda item. Future Agenda Items to be discussed: a. No items are scheduled for this meeting Future Agenda Items Already Discussed and Scheduled: a. Historical Designations for various properties in Westlake. (Mayor Wheat 5/24/20) ➢ Scheduled to be placed on agenda in April (1119122) b. Quarterly HOA Board Meeting Discussions. (Dasgupta 8/23/21) ➢ Scheduled to be placed on agenda in April (1124122) c. Explore finance options regarding building permanent buildings to replace the portables at Westlake Academy: options to build partnerships with Town's biggest stakeholders, so that the expense does not fall entirely on taxpayers. (White 11/15/21) ➢ Scheduled to provide update in February (1124122) d. Discussion regarding governance enrichment as a follow up to our Council retreat on May 24th with Mike Condiff. (Wheat 11/15/21) ➢ Half day governance retreats scheduled to be placed on TC meeting dates in February -April as necessary (1124122) e. Social media policy as it relates to bullying. (Wheat 11/15/21) ➢ Scheduled to be placed on agenda in Fall of 2022 (1124122) f. Social media education policy for K-12. (Wheat 11/15/21) ➢ Scheduled to be placed on agenda in April (1124122) g. Council discuss and consider live -streaming Council meetings. (White 12/13/21) ➢ Cooksey Communication Report will be placed on the Agenda as a Standing Item that will include live streaming of Council Meetings, among other items (1124122) h. Council discuss and consider extending our lease at Solana, as current market conditions make this an attractive option. (White 12/13/21) ➢ Scheduled to be placed on agenda in May (1119122) i. Council discuss and consider amending our Town Ordinances to establish term limits for both Mayor and Council seats. For ex. 4 year or 6 year limits. (White 12/13/21) ➢ Scheduled to be placed on agenda no later than April (1119122) j. Council discuss and consider requiring developers to post a Development/Performance Bond on large projects moving forward. (White 12/13/21). ➢ Scheduled to be placed on agenda in August (1124122) k. Structural safety audit of the portables. (Dasgupta 1/19/22) ➢ Report from staff scheduled to be placed on agenda in February (1119122) I. Community engagement opportunities for Town Boards and Committees. (Dasgupta 1/19/22) ➢ Scheduled to be placed on agenda in April (1124122) m. Review of the Town's Annual budget process. (White 1/19/22). 1. Scheduled to be placed on agenda in February (1119122) n. Discussion of video communication that was published on or about the 17th of February and subsequently viewed by staff and residents and commented on by an academy staff member. What response should Council take to address staff and resident concerns? (Wheat 2/28) ➢ Scheduled to be placed on agenda on 3128 TC/BOT Agenda — 03/28/2022 Page 4 of 5 20. ADJOURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.07187 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1500 Solana Blvd., Building 7, Suite 7100, Westlake, TX 76262, March 25, 2022, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. Mary J. Kay r, r onsultinc Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary's Office 48 hours in advance at 817-490-5711 and reasonable accommodations will be made to assist you. TC/BOT Agenda — 03/28/2022 Page 5 of 5 Town Council/Board of Trustees Item # 2 — Pledge of Allegiance United States Pledge 'I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. " Texas Pledge "Honor the Texas flag; I pledge allegiance to the, Texas, one state under God, one and indivisible. " Town Council/Board of Trustees Item #3 — Citizen Comments CITIZEN COMMENTS: This is an opportunity for citizens to address the Town Council or Board of Trustees on any matter, whether or not it is posted on the agenda. Individual citizen comments are normally limited to three (3) minutes; however, time limits can be adjusted by the presiding officer. The presiding officer may ask the citizen to hold their comment on an agenda item if the item is posted as a Public Hearing. The Town Council or Board of Trustees cannot by law take action nor have any discussion or deliberations on any presentation made at this time concerning an item not listed on the agenda. The Town Council or Board of Trustees will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. ITEMS OF COMMUNITY INTEREST: Town Council/Board of Trustees Reports on Items of Community Interest, pursuant to Texas Government Code Section 551.0415, the Town Council/ Board of Trustees may report on the following items: (1) expression of thanks, congratulations or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Town Council events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety. Calendar of Meetings/Events: Town Council Meeting* Monday, March 28, 2022; 5:00 pm Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 Northeast Leadership Forum Friday, April 1, 2022; 11:30-1:15 pm 1301 Solana Blvd Marriott Dallas/FT Worth Westlake Coffee & Conversation Monday, April 4, 2022; 8:00-9:30 am Sip Stir Coffee 1301 Solana Blvd. Town Council Meeting* Monday, April 4, 2022; 5:00 pm Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 Planning & Zoning Meeting* Monday, April 11, 2022; 5:00 pm Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 State of the Community Wednesday, April 13, 2022; 11:00-1:00 pm The Speedway Club at Texas Motor Speedway Town Council/Board of Trustees Item # 4 — Items of Community Interest Town Hall, Municipal Court, and Westlake Academy CLOSED to observe Good Friday Friday, April 15, 2022 Town Council Meeting* Monday, April 25, 2022; 5:00 pm Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 Gallery Night Saturday, April 30, 2022; 6 pm Ranch House at the Vaquero Club Benefit Auction with Dueling Pianos, Armadillo Racing & more *Reminder. Agendas for all municipal/academic meetings are posted a minim um of72 hours before the meeting begins and can be found on our Town's website under the tab "Government/Agendas & Minutes. " **For meeting a e4 ndas and details on WA calendar events or Municipal calendar events, please visit the Westlake Academy website or the Town of Westlake website for further assistance. Town Council/Board of Trustees Item # 5 — Consent Agenda CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the Joint Town Council/Board of Trustees meeting minutes from March 7, 2022. b. Municipal Services: Consider approval of Resolution 22-11, ratifying an agreement with City Hall Essential and naming an Interim Town Secretary c. Municipal Services: Consider approval of Resolution 22-12, authorizing the Town Manager to hire an Administrative Assistant for the immediate needs of the Town Manager's Office and amending the adopted to allocate funding for the position. d. Municipal Services: Consider approval of Resolution 22-13 authorizing the Town Manager to purchase the equipment and licensing necessary to live stream public meetings and amending the adopted budget to allocate the necessary funding T H E T O W N 0 i WESTLAKE MINUTES OF THE JOINT TOWN OF WESTLAKE TOWN COUNCIL AND WESTLAKE ACADEMY BOARD OF TRUSTEES MEETING MARCH 7, 2022 The Town Council of the Town of Westlake and the Board of Trustees of Westlake Academy conducted this joint virtual meeting at 5:00 p.m. on Monday, March 7, 2022. A recording of this meeting was made and will be available to the public in accordance with the Open Meetings Act. PRESENT: Mayor/President Laura Wheat and Council/Board of Trustee Members Carol Langdon, Rajiv Trivedi, Chandrika Dasgupta, Alesa Belvedere, and Anna White. ABSENT: None OTHERS PRESENT: Town Manager/Superintendent Amanda DeGan, Assistant Town Manager Jarrod Greenwood, School Attorney Janet Bubert, Town Secretary Todd Wood, Executive Director Dr. Mechelle Bryson Regular Session 1. CALL TO ORDER The meeting was called to order at 5:05 by Mayor/President Laura Wheat. At this time the Council/Board took the following action as a result of their Executive Session: Motion was made by Council Member Rajiv Trivedi and second by Council Member Anna White that based on presented evidence to move forward with expulsion as recommended by the officers at the school. Motion passed 5-0. 2. PLEDGE OF ALLEGIANCE 3. CITIZEN/PARENT COMMENTS: There were no speakers. TC/BOT Minutes — 3/07/2022 Page 1 of 6 4. ITEMS OF COMMUNITY INTEREST: Jon Sasser, Director of Community Engagement provided the update. Cocktails and Conversation March 8, 2022, at Terra Spring Break March 14 — 18, 2022 Gallery Night, April 30, 2022, at the Vaquero Club Alliance Development Forum was held on March 4, 2022, with a great response Northeast Leadership Forum will be April 1, 2022, at the Marriott State of the City will be April 13, 2022 Resident Survey is in progress S. CONSENT AGENDA: All items listed below are considered routine by the Town Council and/or Board of Trustees and will be enacted with one motion. There will be no separate discussion of items unless a Council/Board Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. Motion was made by Council Member Carol Langdon and seconded by Council Member Alesa Belevedere to approve Consent Agenda item 5a. Motion passed 5-0. a. Consider approval of Resolution WA 22-03, approving amendments to the 2021-2022 Academic Calendar. 6. REPORTS: a.There were no reports WORKSHOP ITEMS Workshop items are for discussion only. No action may be taken on items listed under this portion of the agenda, other than to provide general direction to staff or to direct staff to place such items on a future agenda for action. 7. COUNCIL AGENDA ITEM REQUESTS: Items listed under this section have been approved by Town Council to be placed on the Workshop for further discussion and potential direction to staff. a. Amend the Town Ordinance(s) such that the Executive Director of Westlake Academy is selected by a final approval by the Westlake Academy Board of Trustees. (White 11/15/21) ➢ On hold, date uncertain b. Amend the Town Ordinance(s) such that we require the Superintendent of Westlake Academy hold a minimum level of credentials as noted below. (White 11/15/21): 1. Hold a Master's degree or higher in Education. 2. Be enrolled in or have graduated from a Superintendent Certification Program. ➢ On hold, date uncertain c. Amend the Town Ordinance(s) to separate the positions of Town Manager and Superintendent. (White 11/15/21) ➢ On hold, date uncertain TC/BOT Minutes — 3/07/2022 Page 2 of 6 MUNICIPAL SERVICES 8. DISCUSSION OF THE BUDGET PROCESS FOR BOTH MUNICIPAL & ACADEMIC SERVICES. Town Manager Amanda DeGan and Finance Director Ginger Awtry provided and overview of the budget process and timeline for both Municipal and Academic Services. A Budget Workshop is scheduled for June 16 & 17, 2022. 9. DISCUSSION OF ORGANIZATIONAL STUCTURE. Town Manager Amanda DeGan and Academic Attorney Janet Bubert provided the history and background of the Town of Westlake and Westlake Academy organizational structure and financial structure. This information will be posted on the Academy website and provided to parents and the public. 10. DISCUSSION OF EXECUTIVE DIRECTOR SEARCH UPDATE. Town Manager Amada DeGan provided an update on the Executive Director Search. 11. UPDATE AND DISCUSSION OF COOKSEY COMMUNICATIONS' AUDIT AND CONSIDERATION OF LIVE -STREAMING MEETINGS. Jon Sasser, Director of Community Engagement and Jason Power, IT Director provided the update. Westlake Academy Communique has been revamped and has received good feedback Westlake Academy website — in conversation with a vendor for an update Westlake Academy Communications Specialist — in process Update on live streaming of meetings utilizing Swagit At this time Mayor Wheat asked if there were any citizens who wanted to address the Council/Board. Sean Kilbride - In favor of an independent School Board and addressed other improvements for the Academy David Quint — separate the School and Town governance WESTLAKE ACADEMY 12. PRESENTATION AND DICUSSION OF THE WESTLAKE ACADEMY MISSION STATEMENT. Dr. Mechelle Bryson, Westlake Academy Executive Director, presented the update on the Westlake Academy mission statement development. TC/BOT Minutes — 3/07/2022 Page 3 of 6 The mission statement reads: "Westlake Academy is an IB Continuum World School that fosters an internationally - minded education, empowering our learning community to contribute locally and globally in compassionate and meaningful ways. " Town Manager Amanda DeGan noted that the Mission Statement will be finalized as a part of the Strategic Plan update. GOVERNANCE/POLICY ACTION ITEMS Governance/Policy Action Items are items that require formal Town Council action (approving Ordinances, Resolutions, Contracts, Purchases, etc.). MUNICIPAL SERVICES No items are scheduled for this meeting. WESTLAKE ACADEMY 13. CONSIDERATION AND POSSIBLE ACTION ON APPEAL OF STUDENT DISCIPLINE MATTER. This was handled at the beginning of the Regular Meeting. 14. EXECUTIVE SESSION: There was no need for an Executive Session at this time. 15. RECONVENE MEETING. — Not needed 16. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. Not needed 17. COUNCIL RECAP/STAFF DIRECTION. Pursue live streaming with Swagit, including mikes and room update Pursue hiring Communications Specialist for Westlake Academy Remove the Council Agenda Item Requests (7a., 7b., and 7c.) from the agenda 18. FUTURE AGENDA ITEMS: These items have been discussed by Town Council and scheduled to be placed on future Council Agendas allowing for adequate time for staff preparation on the agenda item. Future Agenda Items to be Discussed: a. No items are scheduled for this meeting. TC/BOT Minutes — 3/07/2022 Page 4of6 Future Agenda Items Already Discussed and Scheduled: a. Historical Designations for various properties in Westlake. (Mayor Wheat 5/24/20) ➢ Scheduled to be placed on agenda in April (1119122) b. Quarterly HOA Board Meeting Discussions. (Dasgupta 8/23/21) ➢ Scheduled to be placed on agenda in April (1124122) c. Explore finance options regarding building permanent buildings to replace the portables at Westlake Academy: options to build partnerships with Town's biggest stakeholders, so that the expense does not fall entirely on taxpayers. (White 11/15/21) ➢ Scheduled to provide update in February (1124122) d. Discussion regarding governance enrichment as a follow up to our Council retreat on May 24th with Mike Condiff. (Wheat 11/15/21) ➢ Half day governance retreats scheduled to be placed on TC meeting dates in February -April as necessary (1124122) e. Social media policy as it relates to bullying. (Wheat 11/15/21) ➢ Scheduled to be placed on agenda in Fall of 2022 (1124122) f. Social media education policy for K-12. (Wheat 11/15/21) ➢ Scheduled to be placed on agenda in April (1124122) g. Council discuss and consider live -streaming Council meetings. (White 12/13/21) ➢ Cooksey Communication Report will be placed on the Agenda as a Standing Item that will include live streaming of Council Meetings, among other items (1124122) h. Council discuss and consider extending our lease at Solana, as current market conditions make this an attractive option. (White 12/13/21) ➢ Scheduled to be placed on agenda in May (1119122) i. Council discuss and consider amending our Town Ordinances to establish term limits for both Mayor and Council seats. For ex. 4 year or 6 year limits. (White 12/13/21) ➢ Scheduled to be placed on agenda no later than April (1119122) j. Council discuss and consider requiring developers to post a Development/Performance Bond on large projects moving forward. (White 12/13/21). ➢ Scheduled to be placed on agenda in August (1/24/22) k. Structural safety audit of the portables. (Dasgupta 1/19/22) ➢ Report from staff scheduled to be placed on agenda in February (1119122) I. Community engagement opportunities for Town Boards and Committees. (Dasgupta 1/19/22) ➢ Scheduled to be placed on agenda in April (1124122) m. Review of the Town's Annual budget process. (White 1/19/22). ➢ Scheduled to be placed on agenda in February (1/19/22) n. Discussion of video communication that was published on or about the 17th of February and subsequently viewed by staff and residents and commented on by an academy staff member. What response should Council take to address staff and resident concerns? (Wheat 2/28) ➢ Scheduled to be placed on agenda on 3128 TC/BOT Minutes — 3/07/2022 Page 5 of 6 19. ADJOURNMENT Motion was made by Council Member Carol Langdon and seconded by Council Member Anna White that the meeting be adjourned. Motion passed 5-0. Mayor Wheat adjourned the meeting at 7:25 p.m. APPROVED BY THE TOWN COUNCIL ON March 28, 2022. ATTEST: Laura Wheat, Mayor Mary J. Kayser, Interim Town Secretary TC/BOT Minutes — 3/07/2022 Page 6 of 6 4 T H E T 0 W N O F WESTLAKE DISTINCTIVE BY DESIGN TOWN COUNCIL AGENDA ITEM Regular Meeting -Consent Monday, March 28, 2022 TOPIC: Consider approval of a Resolution ratifying a Professional Services Agreement with City Hall Essential and naming Mary J. Kayser as the Inteim Town Secretary for the Town of Westlake. STAFF: Jarrod Greenwood, Deputy Town Manager STRATEGIC ALIGNMENT Exemplary Service & Governance Increase Transparent / Integrity- People, Facilities, & - We set the standard by delivering Transparency, driven Government Technology unparalleled municipal and Accessibility & educational services at the lowest Communications cost. SUMMARY The Town of Westlake currently has a vacancy in the Town Secretary position. This position is an officeholder that requires appointment by the Town Council, and serves our elected or appointed boards and commissions, manages Town records, and ensures proper procedures are adhered to for local elections. It is the recommendation of the Town Manager's office to appoint Mrs. Mary J. Kayser as Interim Town Secretary for the Town of Westlake, effective March 28, 2022. It is anticipated that Mrs. Kayser will serve as Iterim Town Secretary until the Town names a permanent Town Secretary or until Friday, April 29, 2022. Since elections are on Saturday, May 7t', if no candidate for permanent replacement is secured by April 18, 2022, staff will provide a replacement Interim Town Secretary for Council's consideration at the April 25, 2022 Town Council Meeting. COUNCIL ACTION/OPTIONS • Approve the proposed Resolution • Reject the proposed Resolution Page 1 of 2 STAFF RECOMMENDATION Staff recommends approval. FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: N/A Funding Source: General Fund Contract: No Forms: N/A Service Levels: The proposed Resolution would maintain current level of services. DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy: N/A. Comprehensive Plan: N/A. Cost Recovery Analysis: N/A. Traffic Impact: N/A. ATTACHMENTS 1. Resolution 2. CHE Agreement Page 2 of 2 City Hall 11675 Jollyville Road, Suite 300 Austin, TX 78759759 512.334.9570 ESSE' NTIALS www.CityHallEssentials.com Professional Services Agreement This Professional Services Agreement ("Agreement") shall serve as the contract between City Hall Essentials, LLC ("CHE") and the Town of Westlake, TX ("Client"). 1. Scope of Services. Specifications regarding the scope and nature of the professional services and/or products to be provided to the Client by CHE shall be documented in a Work Order, which once approved shall be an addendum to this Agreement. While Work Orders may identify a particular consultant as having been assigned to a project, those are subject to change at CHE's sole discretion depending on modifications to the consultant's availability. When possible, CHE will assign a suitable substitute consultant as warranted. 2. Independent Contractor. CHE, its managers, personnel and consultants, are independent contractors. Nothing herein shall be construed to create an employee / employer relationship. Client acknowledges that CHE's consultants are independent contractors and not employees of CHE. 3. Standard of Performance. The standard of care for all consulting and related services performed or furnished by CHE under this Agreement will be the care and skill ordinarily used by members of CHE's profession practicing under the same or similar circumstances at the same time and in the same locality. CHE makes no warranties, express or implied, under this Agreement or otherwise, in connection with CHE's services. 4. Invoices. CHE will submit invoices for services rendered (either monthly or upon conclusion of the project, as applicable), and Client will make prompt payments in response to CHE's invoices. CHE will retain receipts for reimbursable expenses. Receipts will be available for inspection by Client's auditors upon request. If Client disputes any items in CHE `s invoice for any reason, including the lack of supporting documentation, Client may temporarily delete the disputed item and pay the remaining amount of the invoice. Client will promptly notify CHE of the dispute and request clarification and/or correction. After any dispute has been settled, CHE will include the disputed item on a subsequent, regularly scheduled invoice, or on a special invoice for the disputed item only. Client recognizes that late payment of invoices results in extra expenses for CHE. CHE retains the right to assess Client's interest at the rate of one and one-half percent (1.5%) per month, but not to exceed the maximum rate allowed by law, on invoices which are not paid within thirty (30) days from the date of the invoice. In the event undisputed portions of CHE's invoices are not paid when due, CHE also reserves the right, after seven (7) days prior written notice, to suspend the performance of its services under this Agreement until all past due amounts have been paid in full. 5. Termination of Agreement. Either party may terminate the Agreement upon providing the other party with seven (7) day's written notice, unless another period is specified in an applicable Work Order. Where the method of payment Fixed Fee, the final invoice will include all services and expenses associated with the project up to the effective date of termination. An equitable adjustment shall also be made to provide for termination settlement costs CHE incurs as a result of commitments that had become firm before termination. Termination by either parry does not relieve the Client from timely remitting payments for all invoices submitted under this Agreement. 6. Limited License. This Agreement shall constitute a limited license pursuant to which the Client grants CHE the right to use the Client's name and logo for the narrow purpose of creating products (such as reports or presentation materials) for the Client. CHE can also use the Client's logo when identifying its current or previous clients in marketing materials. 7. Controlling Law. This Agreement is to be governed by the law of the State of Texas. S. Successors & Assigns. Client and CHE respectively, bind themselves, their partners, successors, assigns, and legal representatives to the covenants of this Agreement. Neither Client nor CHE will assign, sublet, or transfer any interest in this Agreement or claims arising therefrom without the written consent of the other. 9. Non -exclusivity: Nothing herein shall preclude CHE or its consultants from performing services for other CHE clients, unless specifically stated otherwise in an executed Work Order. 10. Changes. The parties agree that no change or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this Agreement. The execution of the change shall be authorized and signed in the same manner as this Agreement. Any proposed fees by CHE are estimates to perform the services required to complete the project as CBE understands it to be defined. For those projects involving conceptual or process development services, activities often are not fully definable in the initial planning. In any event, as the project progresses, the facts developed may dictate a change in the services to be performed, which may alter the scope. CHE will inform Client of such situations so that changes in scope and adjustments to the time of performance and compensation can be made as required. If Client approves such change, additional services, or suspension of services and such change, additional services or suspension of services results in an increase or decrease in the cost of or time required for performance of the services, an equitable adjustment shall be made, and the Agreement modified accordingly. 11. Controlling Agreement. The terms and conditions of this Agreement (and any accompanying Work Order) shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, requisition, notice -to -proceed, or similar document. 12. Severability. If any provision of this agreement is held invalid or unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either parry of any provision, term or condition shall not be construed by the other party as a waiver of any subsequent breach of the same provision, term or condition. 13. Limitation of Liability. CHE, its employees', and it's consultants' total liability to Client for any loss or damage, including but not limited to special and consequential damages Ivo, CHE arising out of or in connection with the performance of services or any other cause, including CHE's and its employees' professional negligent acts, errors, or omissions, shall not exceed the greater of the CHE's Professional Liability coverage or the total compensation received by CHE hereunder. 14. Insurance. Client shall include any CHE consultant working for the Client in an interim capacity as a covered person under the Client's liability coverage, risk pool, and/or insurance as it would an employee of the Client operating in an official capacity for the Client. CHE shall maintain general liability umbrella coverage through an insurance policy covering work performed by its employees and consultants. 15. Staff Replacement Fee. If Client hires CHE's consultant during the term of this Agreement or within sixty (60) days of the termination of this Agreement, Client agrees to pay CHE a one-time Staff Replacement Fee of five thousand dollars ($5,000.00) to compensate CHE for the loss of the staff resource and reimburse CHE for the investments made in recruitment, training, supervision, and marketing. 16. Statute of Limitations. The parties agree that any action in relation to an alleged breach of this Agreement shall be commenced within two years of the date of the breach, without regard to the date the breach is discovered. Any action not brought within that two-year time period shall be barred, without regard to any other limitations period set forth by law or statute. 17. Dispute Resolution. The parties agree that if a dispute arises under this Agreement or regarding the services provided under the terms of this Agreement, the party will promptly provide written notice to the other party with at least fourteen (14) days to remedy the situation. The parties further agree that any dispute arising regarding the terms of this Agreement or the services provided under the terms of this Agreement shall be submitted to mediation prior the filing of a lawsuit. 18. Disclaimer on Legal Services. The parties acknowledge and agree that CHE is not a law firm and does not provide legal services. Communications, products, programs and services rendered by CHE and service providers operating through CHE do not constitute legal services. Regardless of whether the Consultant is a licensed attorney, this Agreement neither facilitates nor provides for the legal representation of clients or provision of legal advice to clients. Alan Bojorquez is a co-owner of CHE, and is the owner of the Bojorquez Law Firm, PC. However, those are separate entities. A contractual relationship between the client and CHE does not create an attomey-client relationship with Alan Bojorquez or the Bojorquez Law Firm, PC. Neither CHE's work product or any oral conversations with CHE personnel shall be presumed confidential or protected by the attorney -client privilege by virtue of this Agreement. 19. Effective Date. This Agreement shall become effective on the date upon which it has been executed by both parties. 20. Execution. This Agreement, including the exhibits made part hereof, constitute the entire Agreement between CHE and Client, supersedes and controls over all prior written or oral understandings. �,U gat c'-ILLJ CHE: by: J 6/C Sheila Bojorquez, P esident & Chief Executive Officer City Hall Essentials, LLC Date: 4iCHE CLIENT: by: ame Title 4t?- f 1 9uJ.rld r4 Town of WeSga, /ce_ Date: 31 y1ZaZ-Z J/ City Hall ESSENTIALS ►A3113 t7:Z1) 7 711� This Exhibit shall be incorporated under the current Professional Services Agreement between City Hall Essentials, LLC (" CHE"), and the Client identified below. ® Consulting ❑ Training ❑ interim Staf£mg ❑ Planning CHE Consultant: Mary Kayser CHE Client: City of Westlake, TX Project Title: Consulting City Secretary Services Client Contact Person: Jarrod Greenwood, Deputy Town Manager Anticipated Project Start Date: 3/14/2022 Anticipated Project End Date: Not Specified 1. Description: Work to be performed by CHE may include all services, tasks and deliverables described below: Professional Municipal City Secretary consulting work including all roles and responsibilities as deemed usual and expected by the Texas Municipal Clerks Association; work may be completed in -person, on -site and/or via remotely 2. Deliverables: The final deliverables for this project may include, but are not limited to, tangible or intangible products such as digital files, paper printouts, emails, videos, or other digital content. 3. Compensation: For all approved work related to this Work Order, Client shall pay CBE: ❑ Fixed Fee of $ ® an hourly rate of $75 per hour ❑ other: ❑ Not to Exceed $ without prior approval. 4. Expenses: CHE's out-of-pocket expenses directly related to this Work Order shall be billed to the Client as follows: ❑ Fixed Fee of $ (or actual) ® Travel $ mileage reimbursed at current IRS rate for calendar year ® Lodging $150/nightly for any needed or agreed upon stays, i.e. non -safe travel due to weather conditions or a meeting being adjourned past the hour the consultant deems safe to travel home ® Meals $50/day if overnight stay at a hotel required ® Copies, Supplies $ city will pay for these expenses as accrued ❑ Other $ 5. Change Orders: All modifications to this Work Order shall be in writing. Any changes may affect the project scope, timeline or deliverables or modify the scope of the overall project. As an authoriz,qd 4gent of the Client, I have read and,#gree to the terms of this Work Order. Representative's Signature Printed Name Date Please sign and return this Work Order to CHE to initiate this project. Entails can a be sent to Sheila@CityHaUEssentials.com TOWN OF WESTLAKE RESOLUTION 22-11 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, RATIFYING A PROFESSIONAL SERVICES AGREEMENT WITH CITY HALL ESSENTIAL AND NAMING MARY J. KAYSER AS THE INTERIM TOWN SECRETARY. WHEREAS, the Town Secretary position for the Town of Westlake, Texas is currently vacant; and WHEREAS, the Town staff entered into a Professional Services Agreement with City Hall Essentials for an individual to the vacant Town Secretary role until a permanent Town Secretary can be appointed; and WHEREAS, the Town Council desires to name an Interim Town Secretary for the Town of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: The Professional Services Agreement with City Hall Essential is approved. SECTION 2: Mary J. Kayser is hereby named as the Interim Town Secretary for the Town of Westlake, Texas, effective March 28, 2022., and shall serve in that capacity until a permanent Town Secretary is hired or until April 29, 2022, whichever occurs first. SECTION 3: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 28TH DAY OF MARCH 2O22. ATTEST: Laura Wheat, Mayor Mary J. Kayser, Interim Town Secretary Amanda DeGan, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Resolution 22-11 Page 1 of 1 4 T H E T 0 W N O F WESTLAKE DISTINCTIVE BY DESIGN TOWN COUNCIL AGENDA ITEM Regular Meeting -Consent Monday, March 28, 2022 TOPIC: Consideration of a Resolution authorizing the Town Manager to hire an Administrative Assistant for the immediate needs of the Town Manager's Office and amending the adopted budget to allocate funding for the position. STAFF: Jarrod Greenwood, Deputy Town Manager STRATEGIC ALIGNMENT Exemplary Service & Governance Transparent / Integrity- People, Facilities, & - We set the standard by delivering Maximize Efficiencies driven Government Technology unparalleled municipal and & Effectiveness educational services at the lowest cost. SUMMARY Over the last year there has been an increasing demand for time and resources of the Town Manager's Office. The proposed Administrative Assistant position would be a newly created position and would require a budget amendment to allocate the necessary funding. This position would provide management support for the Town Manager and Deputy Town Manager including special projects, and interactive support to Town Departments in dealings with the Town Manager's Office. Other support would include time management, communication, meeting and event planning, public relations, office management, and record keeping for official documents. The Administrative Assitant would be expected to work directly with the Town Manager, Mayor, Town Council/Board on a continuing basis to perform such tasks as maintaining calendars, planning and managing special events, scheduling meetings, preparing mailings, making travel arrangements, and providing clerical support as requested. Staff is proposing a budget amendment to the FY 21-22 Budget in an amount not to exceed $75,000 that will include salary, benefits, equipping, and on -boarding. This would equate to an approximate ongoing annual salary of $70,000. Page 1 of 2 COUNCIL ACTION/OPTIONS The Town Council may approve the proposed Resolution. The Town Council may deny the proposed Resolution. The Town Council may table the proposed Resolution. STAFF RECOMMENDATION Staff recommends approval of the proposed Resolution FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: $75,000 first yr. Funding Source: General Fund Contract: No Forms: N/A Service Levels: The proposed Resolution provides the funding and staff necessary to increase the service delivery levels of the Town Manager's Office. ATTACHMENTS Resolution Page 2 of 2 TOWN OF WESTLAKE RESOLUTION NO. 22-12 RESOLUTION AUTHORIZING THE TOWN MANAGER TO HIRE AN ADMINISTRATIVE ASSISTANT FOR THE IMMEDIATE NEEDS OF THE TOWN MANAGER'S OFFICE AND AMENDING THE ADOPTED BUDGET TO ALLOCATE FUNDING FOR THE POSITION. WHEREAS, the Town Council finds that there are administrative support needs for the Town Manager's Office; and WHEREAS, the Town Council finds that funding for the Administrative Assistant position is necessary; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: The Town Council of the Town of Westlake hereby approves an amendment to the FY 21-22 adopted budget for an additional $75,000 to allocate funding for the Administrative Assistant position. SECTION 3: The Town Council of the Town of Westlake hereby authorizes the Town Manager to hire an Administrative Assistant for the immediate administrative support needs of the Town Manager's Office. SECTION 4: 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. SECTION 5: That this resolution shall become effective from and after its date of passage. Resolution 22-12 Page 1 of 2 PASSED AND APPROVED ON THIS 281" DAY OF MARCH 2O22. Laura Wheat, Mayor ATTEST: Mary Kayser, Interim Town Secretary Amanda DeGan, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Resolution 22-12 Page 2 of 2 4 T H E T 0 W N O F WESTLAKE DISTINCTIVE BY DESIGN TOWN COUNCIL AGENDA ITEM Regular Meeting -Consent Monday, March 28, 2022 TOPIC: Consideration of a Resolution authorizing the Town Manager to purchase the equipment and licensing necessary to live stream public meetings and amending the adopted budget to allocate the necessary funding. STAFF: Jon Sasser, Communication Director STRATEGIC ALIGNMENT Exemplary Service & Governance Increase Transparent / Integrity- People, Facilities, & - We set the standard by delivering Transparency, driven Government Technology unparalleled municipal and Accessibility & educational services at the lowest Communications cost. SUMMARY In July of 2021, the Town of Westlake procured the services of Cooksey Communications to perform a communications audit for the municipal and academic sides of the Town. Cooksey recommended that the Town live stream their Town Council meetings to increase transparency. Based on feedback from both residents and Council, Town Staff agrees with Cooksey that live streaming meetings would be in the best interest of the community. Staff is proposing that the Town obtain the services of Swagit for the equipment and licensing of their live streaming services. COUNCIL ACTION/OPTIONS • Approve the proposed Resolution • Reject the proposed Resolution STAFF RECOMMENDATION Staff recommends approval of the Resolution. Page 1 of 2 FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: $115,000.00 Funding Source: General Fund Contract: No Forms: Forms 1295 & 2270 Service Levels: N/A DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Town of Westlake: The proposed Resolution is not anticipated to significantly impact the Town of Westlake's budget. Comprehensive Plan: The proposed Resolution does not impact the Comprehensive Plan. Cost Recovery Analysis: The proposed Resolution is not evaluated through the Cost Recovery Analysis Tool. Traffic Impact: The proposed Resolution does not have an impact on traffic. ATTACHMENTS Swagit Proposal & AVISPL Proposal Resolution Page 2 of 2 a Swagit Productions, LLC 12801 N. Central Expressway Suite 900 Dallas, TX 75243 214-432-5905 swagit.com PROPOSAL The Town of Westlake February 7, 2022 Swagit Productions, LLC 12801 N. Central Expressway, Suite 900 Dallas, TX 75243 TIPS CONTRACT: 160901 DIR CONTRACT: DIR-TSO-4268 ATTN: Jason Power Director of Information Technology Town of Westlake, TX Phone: 817-490-5750 E-mail: jpower@westlake tx.org Mr. Power, Swagit Productions, LLC would like to thank you for your time and the opportunity to earn the Town of Westlake's business. In an overpriced, complicated and hands-on video industry, Swagit has created an affordable, simple and hands -free solution that offers the most current advancements in video streaming technology. As you know, Swagit provides an easy solution for improved transparency to your constituents — without the additional workload. Initially specializing in turnaround streams for television stations and newspapers, Swagit has grown significantly to a diverse client list that includes cities, counties, states, school districts, newspapers, television stations, specialty districts, and health providers. Swagit proposes to provide hardware and monthly services for your meeting video streaming and archiving needs, using EASE'" and Avior'"°, our proprietary hands -free video streaming and archiving solutions. The unique advantages of Swagit's sole -source EASE'" solution include: ■ Completely hands -free recording, uploading, and archiving ■ Hands -free indexing, time -stamping and cross - linking ■ An open API, which allows for seamless integration with agenda management solutions ■ Agenda also integrated into video player ■ Latest software upgrades, no upgrade fees ■ High Definition (HD) ■ 99.99% uptime ■ No training needed ■ Unlimited storage ■ On -demand video search by metadata text and Sound Search" ■ Captioning options for live and on -demand ■ 24/7 support and customer service The distinctive advantages of Swagit's sole -source Avior'" HD solution include: ■ Fully automated ■ Real-time captioning support ■ 3+ HD camera solution ■ Free software updates ■ Hands -free broadcast ■ Free 24/7 support and customer service system ■ Integrates and works with existing A/V equipment ■ Video graphics/titles overlay ■ Small footprint — equipment is self-contained on its own rack Sincerely, �M1 II I � 55 David Alex Owusu Director of Streaming Media Swagit Productions, LLC 214-432-5905 david@swagit.com www.Swagit.com a (Cl) swaqlt nlwe4+ %1:rfl' - 1Pi I PROPOSAL I TABLE OF CONTENTS CoverPage....................................................................................................................... Swagit Proposal p1 Cover Letter..................................................................................................................... Swagit Proposal p2 Table of Contents............................................................................................................ Swagit Proposal p3 Firm Background — Executive Summary......................................................................... Swagit Proposal p4 Overview of Proposed Solution................................................................................ Swagit Proposal p5 -15 Proposed Work Plan..................................................................................................... Swagit Proposal p16 Implementation and Training Project Schedule / Timeline Warranties, Terms & Support....................................................................................... Swagit Proposal p17 Broadcast and Streaming Cost Proposal................................................................. Swagit Proposal p18-21 3 © 2022 Swagit Productions, LLC • 12801 N. Central Expressway, Suite 900 a Dallas, TX 75243 214-432-5905 a 800-573-3160 • swagit.com SWAGIT PRODUCTIONS, LLC PROPRIETARY AND CONFIDENTIAL. INTENDED FOR INTERNAL USE ONLY. DO NOT DISTRIBUTE WITHOUT WRITTEN PERMISSION. a (Cl) swaqlt nlwe4+ %prfl' Jpd PROPOSAL EXECUTIVE SUMMARY Company History and Information Swagit Productions, LLC, founded in 2003, is a privately held company headquartered in Dallas, Texas. Swagit is a progressive company that is pioneering the broadband multimedia communication service industry by providing clients a hands -free approach to always being connected to end - users' information needs. In combining Swagit's EASETM and AviorTM HD solutions, clients are offered the most comprehensive hands -free experience possible. Swagit specializes in providing streaming media solutions to cities, counties, states, school districts, and health providers. In addition, Swagit is a complete video production entity, providing services such as post -production, studio and recording booth sessions. Swagit began with a mission to supply clients an affordable solution to stream their own content in an overpriced, complicated, hands-on video industry. From its beginnings as a company specializing in turnaround streams for cities, counties, states and school districts, Swagit has grown significantly and provides an open API which allows for integrations with most Agenda/Document Management and Voting Solutions. With Swagit's EASE TM streaming video solution, clients are able to stream their public content live and on - demand through the jurisdiction's website. HTML5 compatibility makes getting to the content even easier and more convenient as viewers are able to access all of the video content via their computers, smart phones or tablets. Archived meetings are indexed and broken up into clips by agenda item for a superior end -user experience. AviorTM HD is Swagit's hands -free broadcast solution: a complete package of 3+ HD cameras, professional video switching equipment, and associated components that allows either Swagit's video department to remotely control the cameras or on -site camera control by government staff. When bundled with Swagit's hands -free EASETM video streaming system, AviorTM HD can offer a full end -to -end hands -free broadcast solution that requires no client staff involvement for operation of cameras and streaming of an event or meeting. The Swagit network stretches across North America, ensuring fast connect times from the closest point -of - presence (POP) to an end -user's location. Swagit's network is fully redundant, giving clients peace of mind and keeping with the Swagit motto, "Always Connected." Points of Difference • Swagit's EASE" solution is completely hands -free and requires no staff time or resources • Sound Search" allows residents to search for the spoken word in a meeting which is synced to video • Swagit's open API allows integrations with agenda management solutions • Swagit is the only government streaming provider that has developed its own content delivery network, ensuring quick and reliable connections for your constituents • Unlimited storage for Specialty Content and Meetings • Swagit's unique hands -free solutions typically qualify as a sole -source purchase, allowing for quick deployments 4 © 2022 Swagit Productions, LLC • 12801 N. Central Expressway, Suite 900 • Dallas, TX 75243 214-432-5905 9 800-573-3160 • swagit.com SWAGIT PRODUCTIONS, LLC PROPRIETARY AND CONFIDENTIAL. INTENDED FOR INTERNAL USE ONLY. DO NOT DISTRIBUTE WITHOUT WRITTEN PERMISSION. (c))swag PROPOSAL I OVERVIEW OF PROPOSED SOLUTION EASE TM Swagit's Extensible Automated Streaming Engine (EASE TM) solution meets all Hands -Free Streaming current and future needs for government without creating additional work for staff. EASE` is a hands -free tool that eliminates the need for client staff members to index, edit, or time -stamp their video content. Each EASETM package includes on - demand archiving, a 24/7 live stream via internet and PEG, streaming to mobile devices, and up to 120 hours of additional generic specialty content each year. If live streaming is not applicable, clients can upload media via FTP. Swagit's EASETM streaming appliances offer broadcasters and other administrators the ability to stream live events to cable television providers, over the internet through a high-speed connection, or to mobile devices. In addition, EASETM appliances can record and archive all media for on -demand viewing. AviorTM HD Swagit's AviorTM HD Broadcast System is a complete package of high -definition Broadcast System PTZ (Pan, Tilt, and Zoom) cameras, professional video -switching equipment, and associated components, that enables any client to fully outsource the operation and production of a multi -camera broadcast for public meetings. Avior'M also offers video graphics/titles overlay and Real Time Captioning support. Social Media eXstream Social Media eXstream connects meetings and events with live social platforms such as Facebook Live and YouTube Live, so jurisdictions can instantly live -stream local events to followers and engage with viewers in real time. Sound Search TM Sound SearchTM is an innovative product which improves the search for specific content in archived videos. A positive search hit for a spoken word or phrase will take the viewer to the exact location that it was spoken within a meeting video. Captioning Services CaptionLive is Human Assisted Real-time Transcription (HART); captions are created as an event takes place, utilizing a live transcriber. (A specific captioning appliance is required for this service.) CaptionPM is human assisted post -meeting captioning for video on demand, completed and aligned with event video within 4 business days of broadcast. Speech -to -Text Document is a basic text file created from spoken words in a meeting audio. It is not a word-for-word legal transcript, and does not include non - audio information such as speaker identification or graphic presentations. With SwagitSync, your 3rd-party live captioning transcript is synchronized with event video for on -demand viewing; completed within 4 business days of broadcast. Non -package captioning rates are calculated in full hours only; they are based on total length of meeting or event, which includes breaks, closed sessions, and other non -captioned events during that length of time. Specific captioning appliances are required for some services. Swagit meets FCC -mandated ADA requirements for closed captioning. Note: Some features listed in this document may be system options or may require options not included in the provided pricing proposal. © 2022 Swagit Productions, LLC • 12801 N. Central Expressway, Suite 900 • Dallas, TX 75243 214-432-5905 • 800-573-3160 • swagit.com SWAGIT PRODUCTIONS, LLC PROPRIETARY AND CONFIDENTIAL. INTENDED FOR INTERNAL USE ONLY. DO NOT DISTRIBUTE WITHOUT WRITTEN PERMISSION. (Cl) wa l PROPOSAL nlwe4+ %prfl' Jpd EASE TM Streaming Appliance Video Capture, Encoding, and Streaming The Extensible Automated Streaming Engine (EASE TM) is a software framework consisting of foundation and extension modules that work together to automate many otherwise manually intensive tasks. This completely hands -off solution meets the current and future needs of your entity without creating any additional work for your clerks or webmasters. ■ Video Capture and Encoding EASETM Streaming Appliance records content according to your broadcast schedule and transfers the recorded audio/video to the Swagit Content Network via a secure Virtual Private Network (VPN) connection, making it available for live and/or on -demand streaming. ■ Indexing and Cross Linking Using your published meeting agendas as a guide, Swagit's Managed Service Division (SMSD) indexes the meetings without any work from the city. SMSD will annotate your content by adding jump -to points with specific item headings, giving users the greatest flexibility to find the specific content they need. With these jump -to points, users can step through video by searching for or clicking specific items. ■ Agenda Management Integration If meeting packets or other related information is available online, SMSD will link them directly to the video player for easy access. ■ Archiving Client audio/video can be stored securely on the Swagit Content Network indefinitely. Fault tolerance and high availability is assured through replication of audio/video content to multiple, geographically redundant, Storage Area Networks (SAN). Our packages offer unlimited storage. ■ Presentation By navigating through the video library, users can view a list of meetings chronologically and once in a selected meeting you can unleash the power of the jump -to markers to search for specific points within individual audio/video clips. ■ Delivery In order to deliver on -demand content to end users in a format that is compatible with their computer's operating system, Swagit can deliver content in all major streaming video formats: Flash, Windows Media, QuickTime, Real, and HTML5. With HTML5 streaming, Swagit provides content to mobile devices including iPhones, iPads and Android devices. © 2022 Swagit Productions, LLC • 12801 N. Central Expressway, Suite 900 • Dallas, TX 75243 214-432-5905 9 800-573-3160 • swagit.com SWAGIT PRODUCTIONS, LLC PROPRIETARY AND CONFIDENTIAL. INTENDED FOR INTERNAL USE ONLY. DO NOT DISTRIBUTE WITHOUT WRITTEN PERMISSION. a (CI) swaQ11 nlwe4+%rril' ,1riJ PROPOSAL ■ Monitoring Swagit is monitoring all aspects of the Swagit Content Network to ensure its health and availability. This monitoring extends to cover remote Swagit EASE Trl streaming appliances that are deployed on client premises. In the rare event of trouble our engineers are promptly notified so that they may dispatch a swift response in accordance with our support procedures. ■ Statistics Swagit collates log files from our streaming servers monthly and processes them with the industry recognized Google Analytics. Google Analytics generates reports ranging from high-level, executive overviews to in depth quality of service statistics. These reports help to highlight growth trends and identify popular content. ■ Support Beyond our proactive monitoring and response, Swagit offers ongoing, 24/7 technical support for any issues our clients may encounter. While our choice of quality hardware vendors and a thorough pre - installation testing phase go a long way toward ensuring trouble -free operation of our EASE"' streaming appliances, we do recognize that occasionally unforeseen issues arise. In the event that our engineers detect a fault, they will work to diagnose the issue. If necessary, next business day replacement of parts will be completed. Swagit offers continual software updates and feature enhancements to our services and products for the life of your managed services contract. © 2022 Swagit Productions, LLC • 12801 N. Central Expressway, Suite 900 a Dallas, TX 75243 214-432-5905 a 800-573-3160 • swagit.com SWAGIT PRODUCTIONS, LLC PROPRIETARY AND CONFIDENTIAL. INTENDED FOR INTERNAL USE ONLY. DO NOT DISTRIBUTE WITHOUT WRITTEN PERMISSION. (Cl) Wa 1 III PROPOSAL nlwe4+ %1:rfl' - 1Pi I AviorTm Hands -Free Broadcast System HD Video Capture, Encoding, Broadcast, and Streaming System Built on years of industry experience and developed to address the growing transparency needs of government, Swagit's AviorT"' HD Broadcast System is a complete package of HD PTZ (Pan, Tilt, and Zoom) cameras, professional video -switching equipment, and associated components, that enable any client to fully outsource the operation and production of a multi -camera broadcast for public meetings. AviorT"" HD cameras are installed by Swagit personnel in one or multiple positions within a meeting room. As a meeting is being recorded, Swagit's video department controls the AviorTM system from their Dallas, Texas headquarters — switching between cameras (for views of the podium, presentation slides, and dais), while also directing and controlling those cameras through selective panning, close-ups, and wide shots. The AviorTm HD 59 10 broadcast -quality robotic cameras are able to tilt and pan through wide angles of motion and can zoom through large ranges. AviorT"" enables detailed direct camera positioning (pan, tilt, zoom, focus, and more), preset -positions, and video settings (white balance, backlight, brightness) for the robotic cameras. Additionally, AviorTM communicates with the switcher to allow direct operation of the 'wipe' function from the camera control GUI. With this powerful package you or Swagit can control all your cameras individually and switch video sources on a video switcher locally or remotely. AviorTM is an invaluable integration of camera -control with switcher operations for use with live production setups like city chambers, churches, meeting rooms, and more. AviorT"" includes 3+ robotic (computer -controllable pan/tilt/zoom) cameras. These popular robotic cameras have excellent video quality and performance, with the ability for panning through wide angles of motion, tilting through large ranges with superb optical zoom, and dual video output of Y/C and composite. They also support both RS232 and RS422 (long distance over 1000 meters) control signals. In addition, the cameras can be mounted either "up" or "hanging upside down" for your convenience (they have built-in reversal of the picture and left/right/up/down motion controls). AviorT" HD is a remotely operated one -of -a -kind hands -free transparency suite that will save your jurisdiction time and money. When bundled with Swagit's hands -free EASET"" video streaming system, AviorT"' can offer a full end -to -end hands -free broadcast solution that requires no client staff involvement for operation of cameras and/or streaming of an event or meeting. • Fully automated • Free software updates • 3+ HD camera solution • Free 24/7 support and customer service • Hands -free broadcast system • Integrates and works with all existing A/V equipment • Video graphics/titles overlay • Small footprint — equipment is self-contained on its own rack • Real-time captioning support 8 © 2022 Swagit Productions, LLC • 12801 N. Central Expressway, Suite 900 • Dallas, TX 75243 214-432-5905 9 800-573-3160 • swagit.com SWAGIT PRODUCTIONS, LLC PROPRIETARY AND CONFIDENTIAL. INTENDED FOR INTERNAL USE ONLY. DO NOT DISTRIBUTE WITHOUT WRITTEN PERMISSION. (c)) swaQi PROPOSAL nlwAV% %imI-� Iri I AviorTm Broadcast System Diagram ((C:))) Swagis Avi f �11 frrbaUnd access l ►era TcPrrPPorr r7A"0" AVIOR feed to 5wragit WN Avior' HO Avio r' H D Avila r' H a care@ra 41 earrkera 42 camera 01 PowerPoint) Presentations POSITIVE INFORMATJON 5wagilt EASE' Streaming Appliance RS-232 or RS-422 da to sear via Cat 5145 to Awior` hardware Aid+cido deeds andl(r Cublrrry HIT Ourboondbandwidth d bared forgive and on- demand Connection to AvtorNer hardware over TCPRP from 5wrr9 ir's Broadcast Operations Center 11ve and/or ID Mulri-view feed for remote o rarrugement Vfdea On Demand M&W Viewers --)aim Mw :R hh%1tCTG4F .LLT. MPArn AlAY A?&CGN=HTLftj- B[%hrw) rOG IFR[W4k I660*k DOS oT 0I37RIALKWTFK• YnITlGNNNAMSM 9 © 2022 Swagit Productions, LLC • 12801 N. Central Expressway, Suite 900 • Dallas, TX 75243 214-432-5905 • 800-573-3160 • swagit.com SWAGIT PRODUCTIONS, LLC PROPRIETARY AND CONFIDENTIAL. INTENDED FOR INTERNAL USE ONLY. DO NOT DISTRIBUTE WITHOUT WRITTEN PERMISSION. awl a (CI) swaqlt nlwe4+%rril' ,1riJ PROPOSAL Captioning for Compliance Streaming Video Enhancement Captioning for streaming media is the method of displaying a text version overlay for the spoken words within a video. It helps viewers who may be deaf or who have reduced hearing. Federal agencies, contractors and employers should be acutely aware that their live streaming and broadcast events must now be captioned for accessibility, as mandated by recent updates to Section 508 of the Rehabilitation Act, plus changes to state laws that now require accessibility for federally -funded organizations such as colleges, universities, and research facilities. Even when Section 508 doesn't apply, many non-federal websites and their video content must still be accessible under other laws such as Section 504 of the Rehabilitation Act of 1973. Swagit can help meet your accessibility obligations with captioning for live streaming and broadcast events. Whether for your one-off events or longer -term fixed placements, Swagit can provide hands -free support with compliant turnkey live video services. FEATURES ► Meets FCC mandated ADA requirements for closed captioning / Hands -free captioning service ► Live and/or on -demand ► Multiple captioning options / Visible on mobile devices ► Captioning for TV broadcast / Captioning of archival video / Dedicated staff to exceed expectations c:t}m*nt ngarkda Cormrit f-A 6-14. W 19-.21.A56 ;= 10 © 2022 Swagit Productions, LLC • 12801 N. Central Expressway, Suite 900 a Dallas, TX 75243 214-432-5905 a 800-573-3160 • swagit.com SWAGIT PRODUCTIONS, LLC PROPRIETARY AND CONFIDENTIAL. INTENDED FOR INTERNAL USE ONLY. DO NOT DISTRIBUTE WITHOUT WRITTEN PERMISSION. (c))swagj Captioning Services Streaming Video Enhancement Real -Time (Live) Captioning PROPOSAL Swagit can provide real-time captioning for live programming, as well as sync those captions for on -demand usage after the event has come to its completion. Captioning through Swagit can be distributed to both TV and the Web simultaneously, if needed. ■ CaptionLive Human Assisted Real-time Transcription (HART); captions are created as an event takes place, utilizing a live transcriber. (Specific captioning appliance required for this service.) Post -Event (On Demand) Captioning ■ CaptionPM Human assisted post -meeting captioning for video on demand, completed and aligned with event video within 4 business days of broadcast. Additional Captioning Services ■ Speech -to -Text Document A basic text file created from spoken words in a meeting audio; does not include non -audio information such as speaker identification or graphic presentations. It is not a word-for-word legal transcript. ■ SwagitSync Swagit synchronizes your 3rd-party live captioning transcript with event video for on -demand viewing; completed within 4 business days of broadcast. Captioning rates are calculated in full hours only, and are based on total length of meeting or event, which includes breaks, closed sessions, and other non -captioned events during that length of time. Swagit meets FCC mandated ADA requirements for closed captioning. Specific captioning appliance may be required for these packages and services. 11 © 2022 Swagit Productions, LLC • 12801 N. Central Expressway, Suite 900 • Dallas, TX 75243 214-432-5905 • 800-573-3160 • swagit.com SWAGIT PRODUCTIONS, LLC PROPRIETARY AND CONFIDENTIAL. INTENDED FOR INTERNAL USE ONLY. DO NOT DISTRIBUTE WITHOUT WRITTEN PERMISSION. (c)) swaQil PROPOSAL nIWgys s nrfi',.;_ Iri I CaptionPrime Streaming Appliance plus Advanced Caption Encoder/Decoder Video CaPLui c, Cncuumg,-Arearning, and (-apLloning Support Swagit's CaptionPrime Streaming Appliance plus Advanced Caption Encoder/Decoder offers the ability to provide both Live and On -Demand captioning. ■ CaptionPrime Streaming Appliance / HD/SD Baseband or IP Encode/Transcode single -channel license ► Enables encoding/transcoding of a single HD/SD channel ► Web based Caption GUI / Multi -encoder management ► Closed captioning support for video on demand / Includes Swagit's EASE" Remote Video Indexing Kit (with Scheduler). ■ Advanced Caption Encoder/Decoder ► Audio and captions over IP, eliminating the need for outdated telephone lines / Ideal for security conscious environments, firewall friendly with no inbound port forwards needed / Supports automated speech recognition service / Capable of delivering over 90% accuracy / Required for Live (Real Time) Captioning implementation * Price and hardware model are subject to change after 60 days without prior notice. 12 © 2022 Swagit Productions, LLC • 12801 N. Central Expressway, Suite 900 • Dallas, TX 75243 214-432-5905 9 800-573-3160 • swagit.com SWAGIT PRODUCTIONS, LLC PROPRIETARY AND CONFIDENTIAL. INTENDED FOR INTERNAL USE ONLY. DO NOT DISTRIBUTE WITHOUT WRITTEN PERMISSION. (c)) swaQi PROPOSAL nlwAV% %imI'� Iri I Captioning Signal Flow Diagram ((o)) swagit is live Captioning Clierrt't Broadcast System 0 $01 with embedded a udio Web Strearn feed with Captions Q MOtB captioner � FE-91 k i0N SDi with embeddM audio fi^ed from clrerrt's broadcast system to S wagi r Advanced capt+nrr EnC6dL-r1DEC0deF AppfiarrCe Audio feed to Remote Caprioner Reiurn feed w1th Live Captions Sot feed with r`aptiorps in SDI-VANCandhae-21 Vffl for broadcast to fable Web Stream feed with ea ption s to 5wugircopfiunpr'ime Smearing Appliance L ivo Stream from hardware to swagft CDN, to web viewers SDI Captions in sof-VA NC and 11krn-21 VB1 toySracdcast to Cable )aim sxhe;iTmaitxrr.`r4s,Irr.MPfiillrlrrJib- ,.utJ'aXNTuj-war.,;i,roGIHTLNULIhL0*k COMM D1TRLN FlMTWMYiwrrrGhffWA45ik3N 13 .:�'A © 2022 Swagit Productions, LLC • 12801 N. Central Expressway, Suite 900 • Dallas, TX 75243 214-432-5905 • 800-573-3160 • swagit.com SWAGIT PRODUCTIONS, LLC PROPRIETARY AND CONFIDENTIAL. INTENDED FOR INTERNAL USE ONLY. DO NOT DISTRIBUTE WITHOUT WRITTEN PERMISSION. a (Cl) swaqlt nlwe4+ %1:rfl' - 1Pi I PROPOSAL Sound Search TM On -Demand Streaming Video Search Enhancement Swagit's innovative Sound Search` dramatically improves the search for specific content in archived videos. A positive search hit for a specific spoken word will take the viewer to the exact location within any meeting that the word or phrase was spoken. Sound Search"' results are displayed by the date and second mark, and provide a direct "jump -to" link for each instance a searched word or phrase was spoken during meetings. When a search result is selected, the audio/video clip will begin playing several seconds prior to the search result, giving greater context to the result. Swagit's focus is on emerging technology and pioneering features like Sound Search TM that enable increased resident engagement. ► Search results are date- and second -marked ► Direct "jump -to" link by spoken word ► Increased resident engagement & V dR 11ouLIN . N. , -- T"I g$grxh e Item clib City Councd Plow 00 201fl RH9petig odthe oorlWl Aej@ndo 042 sec 0251 sec 0, 55 ser 0263sec Q501 sec 577sec Q �lms8c 0e6ssw 0hi1150. wc E)6 155 w.(1)H 50 ,{ Or1:1 sec 0734 wr Ei 779 sec 082 T sec (D 1010 sca Q 1 GW sac 0109) s*c 01171 see Q 1151 Ser. (D 1 i4 ec Q 11 }115ec Q 11 g1 sec 01;' 11 sw 0 1240 sac 0 12139 sac.G 12 TB Sec (31402 sac Qry C.+prmcll Apr 19, 2019 Wax's tie 2 1937 sec (D117 sec Q 114 Sec (S) 1154 sec CfiV Cauncd Noy 18 7010 iA9yLaf5 Rbp(�1 q� :'4 t sec 0 r50 ser (}..`,1 sec O` A7 sec 0)Ji1 tiJse/K,� 00M2 sec 2MSOL02i15W 0320SIX. 0351&K.O' 35asac _Qr1Sft 0AfiI sec 0 420 sec 19 57C sec Q 702 sec G 118 sac O 727 sec 1079B sec 0198 W 0 n09 S9C 49:1 UK 0935 WE D 10]2 nr}1: 0/�1IN 3 sit 0 hiss 9e< O IMO SK 0 sots gec t0?9 see O W& SM.0 tl10SeC 01122 SML. Q 1155 WC 0127'a W 0 13r12 S& 0 13113 L9C Q 1�530 s*c 0 1532 sec 0 1 5,i0 sec rL. 'K ifii0 14 © 2022 Swagit Productions, LLC • 12801 N. Central Expressway, Suite 900 a Dallas, TX 75243 214-432-5905 a 800-573-3160 • swagit.com SWAGIT PRODUCTIONS, LLC PROPRIETARY AND CONFIDENTIAL. INTENDED FOR INTERNAL USE ONLY. DO NOT DISTRIBUTE WITHOUT WRITTEN PERMISSION. a (Cl) swaqlt nlwe4+ %1:rfl' - 1Pi I PROPOSAL Social Media eXstream Social Live Video Streaming Instantly stream live your jurisdiction's local events to followers and engage with viewers in real time with Swagit's Social Media eXstream Package. Live streaming is the future growth of social media and has become a part of culture that government can easily use to reach more residents online. Users can watch live broadcasts, whether on a PC or mobile device, in a matter of seconds. Social Media eXstream connects your meetings and events with live social platforms such as Facebook Live and YouTube Live. ► Live multi -destination streaming / Multi-bitrates ► Affordable and simple / Additional resident accessibility to meetings and events / Expanded reach and audience growth ► Increased distribution channels Streaming to social media live platforms can immediately expand your audience and increase distribution channels. For example, Facebook engages your viewers by sending a notification alert to your followers before the stream begins. Residents can then easily connect, interact and follow your event in real time. 15 © 2022 Swagit Productions, LLC • 12801 N. Central Expressway, Suite 900 a Dallas, TX 75243 214-432-5905 a 800-573-3160 • swagit.com SWAGIT PRODUCTIONS, LLC PROPRIETARY AND CONFIDENTIAL. INTENDED FOR INTERNAL USE ONLY. DO NOT DISTRIBUTE WITHOUT WRITTEN PERMISSION. (c))swag PROPOSAL Implementation & Training Once Swagit receives two signed original agreements, you'll hear from Swagit's team of deployment experts. We'll also send you a welcome packet, requesting basic information we'll need to complete any additional installation needed (such as your meeting schedule, contact info, IP information, and graphics for your video library/video player). If your service package includes client -controlled indexing, Swagit will provide remote training to teach your staff how to index meeting videos as well as how to include links to attachments. No additional training is necessary; Swagit's service is hands -free. Project Schedule / Timeline (for new equipment/services) Activity Start Date Completion Phase 1- Immediately upon receipt of signed 2-4 weeks Hardware Provisioning / agreements Development Phase 2 — Immediately upon receipt of Web Element Design information requested in welcome packet Phase 2a — Upon receipt of file content One month per year of content Content Conversion & Migration Phase 3 — Hardware Deployment: Hardware: Deployment & Implementation Upon Client's receipt of hardware Upon Client installation of encoder (plug -play installation) Software Deployment: Dependent upon Client availability for Software: training Dependent upon Client training completion Phase 4 - Dependent upon previous phases Dependent upon previous phases Acceptance Testing Completion of Project Dependent upon completion of Phases Dependent upon completion of 1-4 Phases 1-4 Audio and Audio Mixing Control Swagit cannot provide training for the city to control audio locally for their needs. Calibration will then need to be tested by the City's A/V company before sending a signal to Swagit. 16 © 2022 Swagit Productions, LLC • 12801 N. Central Expressway, Suite 900 • Dallas, TX 75243 214-432-5905 • 800-573-3160 • swagit.com SWAGIT PRODUCTIONS, LLC PROPRIETARY AND CONFIDENTIAL. INTENDED FOR INTERNAL USE ONLY. DO NOT DISTRIBUTE WITHOUT WRITTEN PERMISSION. (c)) swaQi PROPOSAL nlwAV% %imI'� Iri I Warranties and Support Swagit offers onsite installation, configuration, and training. Swagit's EASE"' streaming appliance has a full 3-year warranty; cameras and other broadcast equipment have a limited 1-year warranty. Our team is dedicated to providing you with the best answer to any of your questions. Beyond our proactive monitoring and response, Swagit provides ongoing, 24/7 technical support for any issues our clients may encounter. While our choice of quality hardware vendors and a thorough pre -installation testing phase go a long way toward ensuring trouble free operation of our EASE" streaming appliances, we do recognize that occasionally unforeseen issues arise. In the event that our engineers detect a fault, they will work to diagnose the issue. If necessary, next business day replacement of parts will be completed. Swagit offers continual software updates and feature enhancements to our services and products for the life of your managed services contract. Efficient Video Streaming Delivery The Swagit EASE" streaming appliance sends a single stream from your network to the Swagit CDN as well as to an internal stream reflector. External internet users are served from Swagit's Content Delivery Network (CDN) POPS. This way there is no additional burden to your network, no matter how many external users are watching meetings simultaneously. Internal users are directed to an internal stream reflector to view content and are not dependent on working internet connectivity. Internal users may be served a lower quality stream to further conserve the intranet's network resources. I Terms of Renewal Contract terms may be extended for one-year periods at the quoted rates herein, if new services are appliacable. Revisions to Standard Agreement, if Applicable Ownership of materials: The jurisdiction retains rights and access to its own materials; Swagit retains rights to its proprietary software and solutions. 17 © 2022 Swagit Productions, LLC • 12801 N. Central Expressway, Suite 900 • Dallas, TX 75243 214-432-5905 • 800-573-3160 • swagit.com SWAGIT PRODUCTIONS, LLC PROPRIETARY AND CONFIDENTIAL. INTENDED FOR INTERNAL USE ONLY. DO NOT DISTRIBUTE WITHOUT WRITTEN PERMISSION. (CI) wa l III PROPOSAL nlwe4+ %1:rfl' - 1Pi I ' HD BROADCAST, STREAMING AND CAPTIONING A 50% deposit is required for ALL hardware related purchases Item # Quantity Description of Products/Services Unit Cost Extended Price 1 1 Avior"" HD Broadcast System w/CG $ 36,490.00 $ 36,490.00 • Four (4) Bolin Series HD PTZ CAMS • Includes camera connectors and mounts • Production switcher included for local control 2 1 EASET"^ Streaming Appliance $ 4,890.00 $ 4,890.00 • EASET" Remote Video Indexing Kit on Windows Platform (Includes Scheduler) • Three (3) year warranty for hardware • Social Media eXstream Compatible 3 1 Estimated Shipping $ 504.76 $ 504.76 4 1 On Site Installation, Deployment & Implementation for $ 4,250.00 $ 4,250.00 AVIORTm EASE'"" and CaptionPrimeTM • At least three (3) days are needed in chambers 5 1 Remote Network Setup & Configuration $ 480.00 $ 480.00 6 1 Web Conferencing Distribution into Switch er/Encoder Included $ 0.00 • Allows platforms such as Zoom, WebEx to be integrated into a secure network 7 2 Optional Extended Warranty Plan for AVIOR Appliance $ 4,995.00 $ 9,990.00 and EASET"" C Streaming Appliance • EASE/AVIOR components outside of cameras and switchers include a three (3) year limited warranty. This cost is to extend the hardware warranties per additional year, up to two additional years • Pricing not Included in total Total One -Time Cost: $ 46,614.76 18 © 2022 Swagit Productions, LLC • 12801 N. Central Expressway, Suite 900 • Dallas, TX 75243 214-432-5905 9 800-573-3160 • swagit.com SWAGIT PRODUCTIONS, LLC PROPRIETARY AND CONFIDENTIAL. INTENDED FOR INTERNAL USE ONLY. DO NOT DISTRIBUTE WITHOUT WRITTEN PERMISSION. (Cl) wa l PROPOSAL nlwe4+%prfl' ,_7riI OPTIONAL EQUIPMENT AND ANNUAL SUPPORT SERVICES Item # Quantity Description of Products/Services Unit Cost Extended Price 1 1 CaptionPrime Streaming Appliance $ 14,890.00 $ 14,890.00 • CEA-608/708 compatibility with caption encoders • Captions embedded in the H.264 SEI for superior synchronization and compatibility with 3rd party destinations and devices • Three (3) year warranty included 2 1 Advanced Caption Encoder/Decoder $ 9,990.00 $ 9,990.00 • IP-based handoff to captioners • Secure outbound -only and encrypted network traffic • No port forwards or phone lines • Real-time human or automated transcription with appropriate service plan and equipment 3 1 EASE'" Translate License $ 2,800.00 $ 2,800.00 • Software license to engage encoder for automated multi language captioning distribution 4 1 Playback365 Playout & Software License: $ 6,590.00 $ 6,590.00 • Playback 365 device includes GUI and Uploader • Requires Playback365 Support & Annual Maintenance and covers any updates to hardware or software • Allows jurisdiction to upload and maintain their own content 5 1 Annual Hardware Warranty & Support Plan (s) Ask Rep for TBD • Includes Visionality A/V Silver Level Plan Details • Includes Swagit Standard Software & Maintenance Protection Plan • EASE Encoder warranties may be extended up to five (5) fiscal years 19 © 2022 Swagit Productions, LLC • 12801 N. Central Expressway, Suite 900 • Dallas, TX 75243 214-432-5905 9 800-573-3160 • swagit.com SWAGIT PRODUCTIONS, LLC PROPRIETARY AND CONFIDENTIAL. INTENDED FOR INTERNAL USE ONLY. DO NOT DISTRIBUTE WITHOUT WRITTEN PERMISSION. (CI) wa l III PROPOSAL nlwe4+%prfl' ,_7riI SERVICE COST OPTIONS Suggested Package: Hands -Free with Monthly Managed Services Item # Quantity Description of Products/Services Unit Cost Extended Price 1 12/yr Swagit Software (SaaS) Licensing: AVIORTM / EASE TM $ 695.00 $ 8,340.00 • Software includes scheduling and automated recording • Live stream enabled 24/7 • Includes 120 hours of specialty per year 2 12/yr Content Delivery Package: AVIORT" 25 Support $ 300.00 $ 3,600.00 • Up to 25 remotely switched meetings per year 3 12/yr Content Delivery Package: EASET' 25 Support $ 300.00 $ 3,600.00 • Up to 25 indexed meetings per year to be hosted in on -demand archive 4 12/yr CaptionPM 25 $ 450.00 $ 5,400.00 • Post meeting closed captions added to up to 25 meetings/events per year • Cost based on a 2-hour average meeting duration • Up to four (4) day turnaround 5 12/yr Social Media eXstream $ 200.00 $ 2,400.00 • Facebook or You Tube Live Streaming Support 6 12/yr Sound Search.. Licensing $ 250.00 $ 3,000.00 • Includes searchable and navigable transcripts Total Yearly Cost: $ 26,340.00 20 © 2022 Swagit Productions, LLC • 12801 N. Central Expressway, Suite 900 • Dallas, TX 75243 214-432-5905 9 800-573-3160 • swagit.com SWAGIT PRODUCTIONS, LLC PROPRIETARY AND CONFIDENTIAL. INTENDED FOR INTERNAL USE ONLY. DO NOT DISTRIBUTE WITHOUT WRITTEN PERMISSION. a (Cl) swaqlt nlwe4+ %1:rfl' - 1Pi I PROPOSAL ADDITIONAL SERVICE OPTIONS Item # Quantity Description of Products/Services Unit Cost Extended Price 1 12/yr CaptionLIVE Standard 25 Service (English) $ 525.00/month $ 6,300.00 • Live (Real -Time) captioning service available in English for up to 50 meetings per year • Costs are estimated by average meeting time (approx. 3 hours). Additional fees apply for overages 2 12/yr CaptionLive Premium 25 (English & Spanish) $ 1,150.00/month $ 13,800.00 • Caption Prime appliances can use a secondary channel in order to acheive translatation from "English" to Spanish for captioning distribution • Live (Real -Time) captioning service in English and Spanish for up to 25 meetings per year • This service includes translation from English to get Spanish captions 3 12/yr Playback365 Support & Maintenance Service $ 150.00/month $ 1,800.00 • Covers any updates to hardware or software • Client must upload and maintain their own content 4 1/event GoMobile Production $ 1,895.00 $ 1,895.00 • Off site production events include cameras, switching equipment and Swagit staff operations • Live streaming available with sufficient outbound Internet access 5 1/yr AT&T U-verse Annual Support $ 495.00 $ 495.00 • Includes remote support & maintenance 21 © 2022 Swagit Productions, LLC • 12801 N. Central Expressway, Suite 900 • Dallas, TX 75243 214-432-5905 9 800-573-3160 • swagit.com SWAGIT PRODUCTIONS, LLC PROPRIETARY AND CONFIDENTIAL. INTENDED FOR INTERNAL USE ONLY. DO NOT DISTRIBUTE WITHOUT WRITTEN PERMISSION. AudioVisual Solutions Proposal For Town of Westlake Westlake - Wireless Microphone Replacement AVID SPL 0 2701 E. State Highway 121 Suite 800 Lewisville, TX 75056 (972) 243-4422 Fax: (972) 243-5450 www.avispl.com Prepared By: Michael Cassas Michael.Cassas@avispl.com Proposal No: 379477-1 AVI-SPL LLC Proposal #: 379477-1 11 Page Town of Westlake Wireless Microphone System WESTLAKE Scope of Work 02/24/2022 SCOPE OF WORK Council Chamber (Microphone Replacement): DSP: • AVI-SPL will provide and install a new DSP System with Dante capability. • AVI-SPL will decommission the existing DSP and hand it over to the client. Microphone: • AVI-SPL will provide and install the following Microphone System o Thirteen (13) wireless 10" Gooseneck Microphone o Two (2) Wireless Boundary Microphone o One (1) Lavalier (Bodypack) microphone • AVI-SPL will provide charging station for all microphone system mentioned above. • AVI-SPL will decommission the existing microphone system and hand it over to the client. Control: • AVI-SPL will program the existing TP to include individual mic control. • All microphones will be equipped with a discrete mute button. AVI4a0,SPL AVI-SPL LLC Proposal #: 379477-1 2 1 Page AVI�JSPL@ Investment Summary Prepared For: Jason Power Town of Westlake 1301 SOLANA BLVD Roanoke, TX 76262-1659 Prepared By: Michael Cassas Date Prepared: 03/04/2022 Proposal #: 379477-1 Valid Until: 04/04/2022 Total Equipment Cost Includes cable, connectors, hardware, switches, relays, terminal blocks, panels, etc., to ensure complete and operational system Professional Integration Services Includes engineering, project management, CAD, on -site installation and wiring, coordination and supervision, testing, checkout, owner training, etc. performed on the Owner's premises. Also includes all fabrication, modification, assembly, rack wiring, programming, warranties, etc., some performed at AVI-SPL Direct Costs Includes non equipment or labor costs, such as travel expenses, per diem, lift and vehicle rentals General & Administrative Includes all G & A expenses: vehicle mileage, shipping and insurance, as applicable Services - Room Support and Maintenance Includes post -installation support and maintenance options selected for installed rooms Subtotal Tax Total $25,933.29 $10,740.00 $0.00 $879.31 $2,105.75 $39,658.35 Exempt (*) $39,658.35 * Exemption from sales tax will be recognized only after a valid sales tax exemption certificate or other appropriate documentation of exemption has been provided to and approved by AVI-SPL; otherwise all applicable sales taxes will apply. Signed Purchase orders should be addressed to AVI-SPL LLC Due to global semiconductor ("chip") shortages and supply chain disruptions pricing quoted in this proposal may change. Installation schedules are subject to current (daily) product availability and may be delayed or postponed. Printed Date This Entire Document and all information (including drawings, specifications and designs) presented by AVI-SPL LLC are the property of AVI-SPL LLC or its affiliate. Proprietary information provided to potential customers, clients or agents is for the sole purpose of demonstrating solutions delivery capabilities and shall be held in confidence. These Materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI-SPL. © Copyright AVI-SPL LLC. All Rights Reserved AVI-SPL LLC Proposal #: 379477-1 3 1 Page AVIASP�SPL& Room Summary - Council Chamber (Microphone Replacement) Equipment list Mfg IlModel Description I Qty Unit Price Extended Price AUDIO DSP QSC QSCCORE11OF SYSTEM, UNIFIED SERIES CORE W/ 24 LOCAL 1/0 CHANNELS, 1RU 1 $2,670.45 $2,670.45 QSC QSCSLDAN16P SOFTWARE LICENSE, Q-SYS DANTE 16x16 CHANNEL, PERPETUAL 1 $352.27 $352.27 WIRELESS MICROPHONE SYSTEM SHURE SHUMXWAPT8Z10 TRANSCEIVER, 8-CH ACCESS POINT 2 $2,665.40 $5,330.80 SHURE SHUMXWNCS8 CHARGING STATION, 8CH NETWORKED 4 $1,389.38 $5,557.52 SHURE SHUMXWlOZ10 TRANSMITTER, BODYPACK W/INTERGRATED OMNIDIRECTIONAL MICROPHO 1 $437.22 $437.22 SHURE SHUMX150BCTQG MICROPHONE, LAVALIER CARDIOID SUBMINIATURE CONDENSER (BLACK) 1 $181.36 $181.36 SHURE SHUMXW6CZ10 BOUNDARY TRANSCEIVER, CARDIOID 2 $494.43 $988.86 SHURE SHUMXW8Z10 TRANSMITTER, DESKTOP BASE 13 $454.49 $5,908.37 SHURE SHUMX41OLPC 10" SHOCK -MOUNTED GOOSENECK, CARDIOID, LESS PREAMPLIFIER 13 $175.97 $2,287.61 SHURE SHUSB901A MXW BODYPACK, BOUNDARY AND DESKTOP BASE BATTERY 16 $23.75 $380.00 NETWORK SWITCH NETGEAR NETGSM4212P100NAS SWITCH, M4250 10G2F PoE PLUS AV 1 $506.60 $506.60 Subtotal $24,601.06 Room Support and Maintenance Elite Maintenance Services - Room; 12-months $2,105.75 This Entire Document and all information (including drawings, specifications and designs) presented by AVI-SPL LLC are the property of AVI-SPL LLC or its affiliate. Proprietary information provided to potential customers, clients or agents is for the sole purpose of demonstrating solutions delivery capabilities and shall be held in confidence. These Materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI-SPL. © Copyright AVI-SPL LLC. All Rights Reserved AVI-SPL LLC Proposal #: 379477-1 4 1 Page AVID SPLm Integration Inclusions & Exclusions Inclusions The following items are INCLUDED in this proposal unless specifically noted otherwise within this proposal document or scope of work statement: • All equipment, wire and accessories required for a fully functional audio/visual system per the agreed upon scope of work. • Non -union labor associated with audio/visual system engineering, installation, programming and testing. • Documentation package including complete as -built AV system diagrams and manufacturer's operation manuals. • Coordination and cooperation with the construction team in regards to installing the system. • User demonstration of full AV system operation for final sign -off. Any additional trips, labor or materials due to failure of the other work forces to have the audiovisual system rough -in work completed as anticipated and previously confirmed, will be added to the project billing as required. Unless otherwise agreed in writing by AVI-SPL, all work performed by AVI-SPL will take place between the hours of 8:00 a.m. and 6:00 p.m. local time, Monday through Friday, excluding public and bank holidays. If AVI-SPL is required to perform work outside of these hours, customer will be charged AVI-SPL's standard overtime rates. Any changes in the hours or days of performance must be agreed to in writing by AVI-SPL. Where applicable, the owner's architect will provide AVI-SPL's engineering department with all required architectural floor, reflected ceiling, building elevation, and section plans in AutoCAD° format at no charge to AVI-SPL. Exclusions The following items are EXCLUDED from this proposal unless specifically identified otherwise within this proposal document or scope of work statement. • All conduits, high voltage wiring panels, breakers, relays, boxes, receptacles, etc. Any related electrical work including but not limited to 110VAC, conduit, core drilling, raceway and boxes. • Voice/data cabling, IE analogue phone lines, ISDN lines, network ports, etc. • Network connectivity, routing, switching and port configuration necessary to support audiovisual equipment. • Concrete saw cutting and/or core drilling. • Fire wall, ceiling, roof and floor penetration, patching, removal or fire stopping. • Necessary sheet rock replacement, ceiling tile, T-bar replacement and/or wall/ceiling repair. • Any and all millwork (moldings, trim, etc.). All millwork or modifications to project millwork/furniture to accommodate the AV equipment is to be provided by others. • Painting, patching or finishing of architectural surfaces. • Permits (unless specifically provided for elsewhere in this proposal document or scope of work statement). • Engineered (P.E.) seals and/or stamped structural/system details. • HVAC and plumbing relocation. • Rough -in, bracing, framing or finish trim carpentry for installation. • Cutting, structural welding, or reinforcement of structural steel members required for support of assemblies, if required. • Owner furnished equipment or equipment furnished by others that is integrated into the systems (as described above) is assumed to be current, industry acceptable and in good working order. If it is determined that this equipment is faulty upon installation, additional project charges may be incurred. • Additional or specific manufacturer's "User Adoption" training. • Additional costs for union labor. This Entire Document and all information (including drawings, specifications and designs) presented by AVI-SPL LLC is the property of AVI-SPL or its affiliate. Proprietary information provided to potential customers, clients or agents is for the sole purpose of demonstrating solutions delivery capabilities and shall be held in confidence. These Materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI-SPL. © Copyright AVI-SPL LLC. All Rights Reserved AVI-SPL LLC Proposal #: 379477-1 5 1 Page AVI�JSPL8 General Terms and Conditions 1. Applicability of Terms 1.1 These General Terms and Conditions (together with any addenda attached hereto and incorporated herein by this reference, the "Terms and Conditions") and the accompanying Audiovisual Solutions Proposal (the "Proposal") are the only terms and conditions which govern the sale of the equipment and any related software (the "Products") and services (the "Services") specified in the Proposal by AVI-SPL LLC ("Seller") to the buyer/customer identified in the Proposal ("Buyer"). Seller and Buyer may be individually referred to as a "Party" and collectively as "Parties." 1.2 The Terms and Conditions and the Proposal (collectively, the "Agreement") comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. In the event of a conflict or inconsistency between the General Terms and Conditions and any addendum, the addendum shall prevail to the extent of such conflict or inconsistency. In the event of a conflict between the Terms and Conditions and the Proposal, the Terms and Conditions shall prevail to the extent of such conflict or inconsistency. Notwithstanding anything herein to the contrary, if a master services agreement signed by both Parties is in effect covering the sale of the Products and Services that are the subject of the Proposal, the terms and conditions of said agreement shall prevail to the extent they conflict or are inconsistent with these Terms and Conditions. 2. Acceptance and Modification of Terms 2.1 This Agreement shall not be binding upon Seller until accepted by Buyer as set forth in this sub -Section 2.1 and the earlier of Seller's confirmation in writing of Buyer's order and Seller's performance under the applicable Proposal. Buyer's signed acceptance of the Agreement, issuance of order against the Agreement, payment for any of the Products or Services contained in the Agreement, or receipt of the Products or Services contained in the Agreement, whichever occurs first, shall constitute Buyer's acceptance of this Agreement. 2.2 Any modification, addition to, or waiver of any of this Agreement shall not be effective unless in writing and signed by an authorized representative of Seller, and any different or conflicting terms appearing in Buyer's purchase order or other documents are expressly rejected by Seller. No relaxation, forbearance or indulgence by a Party in enforcing any ofthe terms and conditions of this Agreement or the granting of any time to the other Party shall prejudice or restrict the rights and powers of a Party hereunder, nor shall waiver of any breach hereof operate as a waiver of any subsequent or continuing breach hereof. 3. Delivery 3.1 Seller will use its best efforts to deliver the Products in accordance with the Buyer requested delivery date, subject to receipt of all necessary information from Buyer and Buyer's compliance with Seller's reasonable instructions for site readiness. Shipping and installation dates are approximate only, and Seller shall not be liable for failures of or delays in manufacture, delivery or installation resulting from any cause or causes beyond its reasonable control and without its fault or negligence. 3.2 Any delay due to causes beyond Seller's reasonable control and without Seller's fault or negligence shall extend delivery and installation dates to the extent caused thereby. Seller will use reasonable efforts to timely notify Buyer in the event of a delay. Buyer shall reimburse the Seller its reasonable additional expenses resulting from any Buyer -caused delay. When delivery of the Products is delayed at the request of the Buyer and the Products have already been shipped by Seller's vendor, Sellerwill place the Products in storage and invoice Buyerthe price of such Products, which will be promptly paid. Seller shall not be liable, and the Buyer shall have no right to cancel or rescind this Agreement, in the event of any delay due to causes beyond Seller's reasonable control and without Seller's fault or negligence, and Buyer shall accept such delayed performance by Seller. The Buyer's receipt of the Products shall constitute a waiver of any claims for delay. 4. Billing and Payment Terms Unless otherwise agreed in writing by Buyer and Seller in the Proposal, the total Proposal price, excluding the price for Stand-alone Services (as defined in this section), shall be billed as follows, subject to continuing credit approval: 50% down payment at time of order, 40% upon delivery at Seller;10% upon project completion and Buyer sign -off or first beneficial use, whichever occurs first, payable net 30 from Buyer's receipt of invoice. For purposes of this Agreement, "Stand-alone Services" means any Services not attached to an installation project. Unless otherwise specified in the Proposal, Products are sold F.O.B. origin -Buyer to pay all shipping charges. If this Proposal covers Products or Services for more than one system, room, suite, or location, for purposes of payment in accordance with payment terms stated on the face hereof each room, suite, or location shall be treated as if the subject of a separate sale and payment made accordingly. Unless otherwise specified in the Proposal, all pricing and amounts are in US Dollars and all billing and payment shall be made in US Dollars. 5. Buyer in Arrears or Default In the event Buyer is in arrears with any payment due from it to Seller at any time, whether in respect of the Proposal price or any other amount due from the Buyer to the Seller under the terms of this Agreement, the amount in arrears shall bear interest at the rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is less, as from the date each amount falls due, pending actual payment thereof in full, without prejudice to any relief or remedy available to Seller. Upon notice to Buyer and without waiving any other rights or remedies to which it may be entitled, Seller shall have the right to suspend or terminate performance of the Services or delivery of the Products until payment of the amount in arrears is received, decide not to fulfill additional orders from Buyer and/or seek collection of all amounts due. Seller shall have no liability to Buyer for any such suspension or termination. In the event of any action by Seller to collect any amount not paid when due, Buyer will reimburse Seller for its costs of collection (including, without limitation, any reasonable attorneys' fees). In the event of Buyer's default, Seller may also, without notice, peaceably enter any premises in which the Products are located and remove, hold and sell them in accordance with applicable law, to satisfy in whole or in part Buyer's obligations. 6. Title and Risk of Loss 6.1 Title to the Products shall pass to Buyer upon delivery, subject to the manufacturer's or Seller's software license (if applicable) and a purchase money This Entire Document and all information (including drawings, specifications and designs) presented by AVI-SPL LLC are the property of AVI-SPL LLC or its affiliate. Proprietary information provided to potential customers, clients or agents is for the sole purpose of demonstrating solutions delivery capabilities and shall be held in confidence. These Materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI-SPL. © Copyright AVI-SPL LLC. All Rights Reserved AVI-SPL LLC Proposal #: 379477-1 6 1 Page AVI�JSPLa security interest retained by Seller in the Products sold and the proceeds thereof until payment of all amounts then due to Seller. Seller shall be entitled to remove the Products from the Buyer's premises if all payments are not made when due. Buyer agrees to reasonably cooperate with Seller in the execution and filing of financing statements under the Uniform Commercial Code or other documents as Seller reasonably requests to protect its security interest. 6.2 Risk of loss or damage to the Products or any part thereof shall pass to the Buyer upon delivery. 7. Installation and Site Preparation 7.1 Installation (e.g. field assembly, interconnection, equipment calibration and checkout) is to be performed by the Seller's trained technical employees. The Seller shall be entitled to employ subcontractors and/or agents to assist in or carry out, in whole or in part, the installation. In the event installation by Seller employees is prevented by trade unions, the Buyer shall arrange with the trade unions at its own expense to complete installation. The Seller is thereafter liable only for engineering supervision of installation. 7.2 The Seller shall reasonably coordinate and cooperate with other trades to facilitate satisfactory work progress. If the Seller's work in progress is impeded by other trades and/or contractors (excluding the Seller's own subcontractors) or by scheduling delays due to the Buyer, time delays in the final installation as well as additional charges, including labor, travel and other reasonable expenses, may result. 7.3 The Buyer shall be responsible for preparing, at its own expense, the installation site in accordance with the Seller's reasonable instructions, including the requirements specified in the Proposal. In no event shall the Seller be responsible for any high voltage electrical work, ceiling modifications, structural modifications, or mechanical systems modifications. Unless otherwise agreed in writing in the Proposal, Buyer shall provide the Seller with source code for any non -Seller programmed remote control system required to be modified underthe terms ofthis Agreement. 8. Access to Project Site 8.1 The Buyer shall provide the Seller with reasonable access to the installation site before delivery, for purposes of determining site readiness for installation, and shall designate an individual on Buyer's staff to serve as a contact person for all site preparation and installation issues. Buyer shall provide the Seller with free access to the installation site for the purpose of preparation for installation. 8.2 Buyer shall obtain at its expense and keep effective all permissions, licenses, and permits whenever required in connection with the installation and/or use of the Products and the premises where the Products shall be situated. 9. Warranty 9.1 Seller warrants that: (a) Immediately prior to delivery, it had good title to the Products, free from any lien or encumbrance unless otherwise specified; (b) For a period of ninety (90) days from delivery and acceptance of the Products and Services, or, with respect to Products manufactured by a third party, such longer period of time provided by such manufacturer, the Products and Services will (i) be free from defects in materials or workmanship and (ii) conform to the requirements of the Proposal, including any instructions, specifications and documentation incorporated therein; (c) It is in compliance with all applicable federal, state and local laws, regulations and standards relating to the sale and transportation of the supplies or items, and provision of the Products including all applicable U.S. and foreign anti -corruption laws, including without limitation, the U.S. Foreign Corrupt Practices Act ("FCPA"); and (d) With respect to Services, Seller's personnel shall possess the requisite level of training, skill and experience to address the requisite tasks efficiently and will perform the Services provided hereunder in a professional and workmanlike manner consistent with generally accepted industry standards. 9.2 Seller shall not be liable for nor have any warranty obligations with respect to Products that are in any way misused, altered and/or repaired by someone other than a representative of the Seller which, within the sole, reasonable judgment of the Seller, results in an adverse effect, including effects upon performance or reliability of the Products. 9.3 In order to make a warranty claim, Buyer shall promptly notify Seller in writing and Seller will, subject to the applicable manufacturer's warranty policy, repair or replace such defective Product at no cost to Buyer. Seller will attempt to reply to warranty claims received from Buyer prior to 1:00 p.m. within forty-eight hours. Normal working hours are 8 a.m. to 5 p.m., Monday through Friday, excluding legal holidays. Buyer shall reasonably and promptly cooperate with Seller's request for information regarding the claim and with return of the defective Product if required. 9.4 Except as otherwise specified in this Agreement, no warranty whatsoever is provided bythe Seller hereunder as to Products manufactured by anyone otherthan the Seller, including but not limited to, cables, lamps, batteries, glassware, and evacuated devices (including valve, cathode ray tubes, and other special electron tubes). Seller's sole obligation with respect to Products manufactured by someone other than Seller shall be to pass through the applicable warranties, if any, provided by the manufacturer. THE WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, IMPLIED OR STATUTORY. NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY. 10. Buyer Responsibilities Buyer or any user of the Products shall (i) notify Seller as soon as any unusual operating peculiarity appears, and (ii) operate the Products in a safe and competent manner in strict compliance with the Product specifications and operating procedures and applicable laws and government regulations. In the event the Buyer or any user of the Products fails to comply with this Section 10, Seller's warranties and its obligations hereunder shall terminate without notice to Buyer. 11. Limitation of Liability and Exclusion of Damages TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR INDIRECT DAMAGES, LOST BUSINESS PROFITS, OR LOSS, DAMAGE OR DESTRUCTION OF DATA, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT AND THE RELATIONSHIP AND/OR DEALINGS BETWEEN BUYER AND SELLER, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SAME. EXCEPT FOR SELLER'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, SELLER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID OR PAYABLE BY BUYER UNDER THIS AGREEMENT. THE ABOVE LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. This Entire Document and all information (including drawings, specifications and designs) presented by AVI-SPL LLC are the property of AVI-SPL LLC or its affiliate. Proprietary information provided to potential customers, clients or agents is for the sole purpose of demonstrating solutions delivery capabilities and shall be held in confidence. These Materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI-SPL. © Copyright AVI-SPL LLC. All Rights Reserved AVI-SPL LLC Proposal #: 379477-1 7 1 Page AVI�JSPL8 12. Taxes 12.1 Any and all taxes levied or based on the prices in this Agreement, or the Products being sold hereunder, exclusive of any taxes based on net income, shall be added to the purchase prices set forth in the Proposal, except to the extent the Buyer provides the Seller with a valid tax exemption certificate approved by Seller. 12.2 All payments to be made hereunder shall be made in cleared funds, without any deduction or set-off and free and clear of and without deduction for or on account of any taxes, levies, imports, duties, charges, fees and withholdings of any nature now or hereafter imposed by any governmental, fiscal or other authority save as required by law. If Buyer is compelled to make any such deduction, it will pay to Seller such additional amounts as are necessary to ensure receipt by Seller of the full amount which Seller would have received but for the deduction. 13. Confidentiality 13.1 Each Party may from time to time during the Agreement, in the course of discussions or dealings with each other, receive or learn, orally, visually or through any tangible medium, certain information regarding the other Party's business, including but not limited to, its products, inventions, operations, methodologies, systems, processes, product development plans or intentions, know-how, designs, trade secrets, market opportunities, business or financial affairs, and technical, marketing, financial, employees, planning, intellectual property and other confidential or proprietary information ("Confidential Information"). Confidential Information does not include, and the restrictions in this Agreement shall not apply with respect to, information (i) possessed by or independently developed by the receiving Party prior to any disclosure, (ii) obtained from sources other than the disclosing Party, which sources had no obligation of confidentiality to disclosing Party with respect to the Confidential Information, or (iii) which is within the public domain when disclosed or becomes part of the public domain after disclosed to the receiving Party without fault on the part of the receiving Party. Seller's Confidential Information also includes the terms of this Agreement. 13.2 The Confidential Information of a Party belongs to that Party. The receiving Party will not disclose the Confidential Information of the disclosing Party to any third party without the disclosing Party's prior written consent. The receiving Party will not use the Confidential Information of the disclosing Party for any purpose not expressly permitted by this Agreement or to carry out the Services or the sale of Products, and will disclose the Confidential Information of the disclosing Party only to the employees or contractors of the receiving Party who have a need to know such Confidential Information for purposes of carrying out the Services or the sale of Products and who are under a duty of confidentiality no less restrictive than the receiving Party's duty hereunder. Receiving Party will protect the disclosing Party's Confidential Information from unauthorized use, access, or disclosure in the same manner as the receiving Party protects its own confidential or proprietary information of a similar nature and with no less than reasonable care. 13.3 Receiving Party will, upon completion or termination of this Agreement or promptly upon request from the disclosing Party, return or destroy all Confidential Information of the disclosing Party, including any documents or materials that contain any Confidential Information of the disclosing Party. Notwithstanding anything to the contrary in this Agreement, the receiving Party (i) may retain one (1) copy of the disclosing Party's Confidential Information solely for archival, audit, disaster recovery, legal or regulatory purposes and (ii) will not be required to search archived electronic back-up files of its computer systems for the disclosing Party's Confidential Information in order to purge the disclosing Party's Confidential Information from its archived files; provided, however, that the receiving Party must (i) maintain its confidentiality under this Agreement as if it were still in effect, and (ii) not use the retained Confidential Information of the disclosing Party for any other purpose. 13.4 The Parties recognize that a violation of this Section 13 can cause irreparable harm to the business of the disclosing Party that could not be adequately compensated by the payment of money damages and agree thatthe disclosing Party may seek injunctive relief against any actual or threatened breach of this Section 13 in addition to any other available legal and equitable remedies. The prevailing Party in any action to enforce this Section 13 shall be entitled to recover from the non - prevailing Party reasonable attorneys' fees in addition to other relief granted in such action. 14. Force Majeure Except for payment for amounts due under the Agreement, neither Party will be liable to the other for delays or failures to perform occasioned by causes beyond its reasonable control and without its fault or negligence. Such acts or events shall include but not be limited to, acts of God, civil or military authority, civil disturbance, riot, fire, strikes, lockouts or slowdowns, factory or labor conditions, inability to obtain necessary labor, materials or manufacturing facilities, and delayed issuance of export control licenses. In the event of such delays or failures to perform, any dates or times by which either Party is otherwise scheduled to perform shall be extended automatically for a period of time equal in duration to the additional time required because of the delay or failure to perform. The Party claiming force majeure shall promptly inform the other Party of any event of force majeure, and its expected duration and cessation. The Party claiming force majeure shall use its best efforts to mitigate such effects to the extent reasonably practicable. 15. Return/Cancellation Policy In the event Buyer wishes to return, cancel, exchange or terminate any Products based on reasons outside of Seller's control, including but not limited to Buyer's cancellation or termination of this Agreement or any portion thereof for its convenience, Buyer agrees, in addition to any other amounts due under this Agreement, to reimburse Seller at cost for (i) any and all third party cancellation/restocking fees incurred by Seller and (ii) where applicable, return shipping costs. Buyer understands and agrees that Seller may be unable to return certain Products to the manufacturer for a full refund or payment of a cancellation/restocking fee, including but not limited to Products that are custom or semi -custom, Products that have been removed from their original packaging and Products that have been in the possession of Buyer or stored by Seller for Buyer for an extended period of time. If Buyer wishes to return, cancel, exchange or terminate a Product due to reasons outside of Seller's reasonable control and Seller is unable to return the Product to the manufacturer for refund of full Product price or payment of a cancellation/restocking fee, Buyer shall be responsible for paying Seller the full Product price. If the non -returnable Product is in Seller's possession or is in transit from Seller's manufacturer, Seller will, if requested by Buyer within ten (10) days of Buyer's notice of return/cancellation/exchange/termination, deliver the Product to Buyer within a reasonable period of time following Buyer's payment of the full Product price and shipping costs. 16. Termination 16.1 Seller may, without prejudice to any rights or remedies available to Seller under this Agreement, at law or in equity, terminate this Agreement immediately for cause in the event Buyer breaches a material term of this Agreement (it being understood that Buyer's payment obligations shall constitute a material term) and such breach is not cured within thirty (30) days after written notice thereof. Seller may also, without prejudice to any rights or remedies available to Seller under this Agreement, at law or in equity, terminate this Agreement immediately for cause upon written This Entire Document and all information (including drawings, specifications and designs) presented by AVI-SPL LLC are the property of AVI-SPL LLC or its affiliate. Proprietary information provided to potential customers, clients or agents is for the sole purpose of demonstrating solutions delivery capabilities and shall be held in confidence. These Materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI-SPL. © Copyright AVI-SPL LLC. All Rights Reserved AVI-SPL LLC Proposal #: 379477-1 8 1 Page AVI�JSPL8 notice if Buyer: (i) breaches a material term of this Agreement and such breach is incapable of cure, (ii) fails on multiple occasions to pay any amounts when due, (iii) is declared insolvent or adjudged bankrupt by any court of competent jurisdiction, or (iv) makes an assignment for the benefit of creditors, or a petition in bankruptcy or reorganization or an arrangement with creditors is filed by or against Buyer and not dismissed within thirty (30) days. Upon Seller's termination of this Agreement for cause, without waiving or otherwise limiting any other remedies available to Seller under this Agreement, at law or in equity, Buyer shall become immediately liable for any outstanding charges for Products delivered and/or Services performed up to the date of termination, any third party restocking/cancellation fees incurred by Seller, and any interest on any and all past due charges as set forth in this Agreement. 16.2 Buyer may, without prejudice to any rights or remedies available to Buyer under this Agreement, at law or in equity, terminate this Agreement immediately for cause in the event Seller breaches a material term of this Agreement and such breach is not cured within thirty (30) days after written notice thereof. Buyer may also, without prejudice to any rights or remedies available to Buyer under this Agreement, at law or in equity, terminate this Agreement immediately for cause upon written notice if Seller: (i) breaches a material term of this Agreement and such breach is incapable of cure, (ii) is declared insolvent or adjudged bankrupt by any court of competent jurisdiction, or (iii) makes an assignment for the benefit of creditors, or a petition in bankruptcy or reorganization or an arrangement with creditors is filed by or against Buyer and not dismissed within thirty (30) days. 16.3 Buyer may, upon written notice to Seller, terminate this Agreement for its convenience provided, however, that Seller shall be paid for all Products delivered and Services performed up to the effective date of termination (less amounts already paid) plus reimbursed at cost for any third party restocking/cancellation fees and, where applicable, return shipping costs, in accordance with Section 15. For any non -returnable items, Buyer shall pay Seller for the full Product price and, where applicable, shipping costs, in accordance with Section 15. 16.4 Upon any expiration or termination of this Agreement, in addition to any other provisions of this Agreement that state survival after termination or expiration of this Agreement, and notwithstanding expiration, completion or termination of this Agreement, the Parties shall continue to be bound by the provisions of this Agreement that, by their nature, shall survive such completion or termination, including without limitation provisions relating to warranties, governing law and jurisdiction, and confidentiality. Buyer Acceptance Signed Name Printed Name, Title 17. Governing Law and Jurisdiction 17.1 This Agreement shall be interpreted in accordance with and governed in all respects by the laws of the State of Florida without giving effect to its conflicts of law rules. Any dispute related to, arising out of, or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in Hillsborough County, Florida and the United States District Court for the Middle District of Florida. In the event of legal proceedings arising out of or relating to this Agreement, the prevailing Party, as determined by the court, shall be entitled to recover, from the non -prevailing Party, reasonable costs suffered or incurred in connection with such proceedings including, but not limited to, court fees, attorneys' fees, expenses and costs of investigation and court. 17.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, SELLER AND BUYER EACH WAIVE ANY RIGHTS WHICH EITHER MAY HAVE TO TRIAL BEFORE A JURY OF ANY DISPUTE ARISING FROM, OR RELATED TO, THIS AGREEMENT. SELLER AND BUYER FURTHER STIPULATE AND CONSENT THAT ANY SUCH LITIGATION BEFORE A COURT OF COMPETENT JURISDICTION SHALL BE NON -JURY. 18. Miscellaneous 18.1 The Proposal shall be firm for the period shown on the face of the Proposal, subject to withdrawal or change by the Seller upon notice at any time prior to Buyer's acceptance. Notwithstanding the foregoing, the Seller shall have the right to amend the price of the Products to reflect current conditions that affect the price, including increase in raw material prices, and tariffs that had not been imposed at the time this Agreement was submitted to Buyer. 18.2 In providing the Products, Seller shall be deemed to be an independent contractor and its personnel and representatives shall not act as nor be Buyer's agents or employees. Seller shall have complete charge and responsibility for personnel employed or engaged by Seller. 18.3 Buyer may not assign any of its rights or obligations under this Agreement, including by purchase, mergeror operation of law, withoutthe prior written consent of Seller, which consent shall not be unreasonably withheld or delayed. Seller may assign this Agreement to any of its affiliates or any successor of all or substantially all of its business. Any attempted assignment or transfer in violation of this sub - Section 18.3 shall be null and void. 18.4 If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, the remaining terms of this Agreement shall in no way be affected or impaired. Company Name Date This Entire Document and all information (including drawings, specifications and designs) presented by AVI-SPL LLC are the property of AVI-SPL LLC or its affiliate. Proprietary information provided to potential customers, clients or agents is for the sole purpose of demonstrating solutions delivery capabilities and shall be held in confidence. These Materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI-SPL. © Copyright AVI-SPL LLC. All Rights Reserved AVI-SPL LLC Proposal #: 379477-1 9 1 Page AVI�JSPLa Addendum to General Terms and Conditions — Software License The following terms supplement and modify the General Terms and Conditions as they apply to Seller's provision of control system integration and programming as more particularly described in this Addendum and the Proposal. Any capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the General Terms and Conditions. 1. License Grant and Ownership 1.1 Seller hereby grants to Buyer a worldwide, perpetual, non - exclusive, non - transferable license to all Software for its use in connection with the establishment, use, maintenance and modification of the control system implemented by Seller. The term "Software' for the purposes of this Software License shall refer to all source code, executable object code, and the patches, scripts, modifications, enhancements, designs, concepts or other materials that constitute the software programs necessary for the proper function and operation of the control system as delivered by Seller and accepted by Buyer. 1.2 Except as expressly set forth in this paragraph, Seller shall at all times own all intellectual property rights to the Software. Any and all licenses, product warranties or service contracts provided by third parties in connection with the Software or control system in which such Software is implemented shall be delivered to Buyer for the sole benefit of Buyer. 1.3 Buyer may supply to Seller or allow Seller to use certain proprietary information, including service marks, logos, graphics, software, documents and business information and plans that have been authored or pre -owned by Buyer. All such intellectual property shall remain the exclusive property of Buyer and shall not be used by Seller for any purposes other than those associated with delivery of the control system. 2. Copies, Modification and Use 2.1 Buyer may make copies of the Software solely for archival purposes and as required for modifications to the control system in which such Software is implemented. All copies and distribution of the Software shall remain within the direct control of Buyer and its representatives. 2.2 Buyer may make modifications to the source code version of the Software, if and only if the results of all such modifications are applied solely to the control system in which the Software is implemented. In no way does this Software License confer any right in Buyer to license, sublicense, sell, or otherwise authorize the use or distribution of the Software, whether in executable form, source code or otherwise, by any third parties, except in connection with the use of the control system for Buyer's internal business needs. 2.3 All express or implied warranties relating to the Software shall be deemed null and void in case of any modification to the Software made by any party other than Seller or Seller's authorized personnel. 3. Warranties and Representations 3.1 the Software and all intellectual property therein, are original to Seller or its third party licensors; and 3.2 the Software, as delivered by Seller as part of the control system, will not infringe or otherwise violate the intellectual property rights of any third party. 4. Indemnification 4.1 Seller hereby indemnifies and shall defend and hold harmless Buyer, its parent companies and its and their subsidiaries, affiliates, officers, directors, employees, agents and subcontractors from and against all liability, damages, loss, cost or expense, including but not limited to reasonable attorneys' fees and expenses, arising out of or in connection with any third party claims that the Software as delivered by Seller or any intellectual property therein infringes or otherwise violates any rights of any such third party. In no event will Seller have any obligations under this provision in the event such infringement results from (i) use of the Software or control system in which it is implemented in violation of this Software License, (ii) modification or alteration of the Software orthe control system in which it is implemented by someone other than Seller or Seller's authorized personnel, (iii) content or specifications provided by Buyer, or (iv) use of the Software or control system in which it is implemented in combination with any other software, hardware, services or other materials other than as provided by Seller or authorized in the applicable manufacturer specifications. 4.2 Buyer hereby indemnifies and shall defend and hold harmless Seller, its parent companies and its and their subsidiaries, affiliates, officers, directors, employees, agents and third party licensors from and against all liability, damages, loss, cost or expense, including but not limited to reasonable attorneys' fees and expenses, arising out of or in connection with any third party claims that Buyer's use of the Software in contravention of the grant of rights in this Software License infringes or otherwise violates any rights of any such third party. 4.3 Upon the assertion of any claim or the commencement of any suit or proceeding against an indemnitee by any third party that may give rise to liability of an indemnitor hereunder, the indemnitee shall promptly notify the indemnitor of the existence of such a claim and shall give the indemnitor reasonable opportunity to defend and to settle the claim at its own expense and with counsel of its own selection. The indemnitee shall cooperate with the indemnitor, shall at all times have the full right to participate in such a defense at its own expense and shall not be obligated, against its consent, to participate in any settlement which it reasonably believes would have an adverse effect on its business. S. Term and Termination This Software License will automatically terminate upon the disassembly of the control system in which the Software is implemented, unless the control system is reassembled in its original configuration in another location. Seller may terminate this Software License upon notice for Buyer's failure to comply with any of the terms set forth in this Software License. Upon termination, Buyer is obligated to immediately destroy the Software, including all copies and modifications. This Entire Document and all information (including drawings, specifications and designs) presented by AVI-SPL LLC are the property of AVI-SPL LLC or its affiliate. Proprietary information provided to potential customers, clients or agents is for the sole purpose of demonstrating solutions delivery capabilities and shall be held in confidence. These Materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI-SPL. © Copyright AVI-SPL LLC. All Rights Reserved AVI-SPL LLC Proposal #: 379477-1 10 1 Page AVI�JSPLm Addendum to General Terms and Conditions — Global Chip Shortage Due to global semiconductor chip shortages, Seller is experiencing longer than normal lead times on equipment. As a result, Seller cannot guarantee lead times on equipment and will not be liable for any delays in equipment delivery to the extent caused by such shortages. However, Seller is working with its global suppliers on a daily basis to understand the impact of this chip shortage on delivery timelines and will use reasonable efforts to keep Buyer apprised of anticipated delivery timelines and delays. Should Buyer elect to purchase equipment immediately upon placement of order to mitigate delays, Seller will immediately bill Buyer upon placement of such order and Buyer shall pay for such equipment within the payment terms (e.g. net 30) specified herein, regardless of any other agreed upon billing terms or billing terms specified herein. AVI-SPL will store such equipment in its warehouse until delivery to Buyer. Warranty on such equipment shall commence upon delivery of the equipment to AVI-SPL's warehouse, notwithstanding any other agreed upon warranty terms or warranty terms specified herein. This Entire Document and all information (including drawings, specifications and designs) presented by AVI-SPL LLC is the property of AVI-SPL or its affiliate. Proprietary information provided to potential customers, clients or agents is for the sole purpose of demonstrating solutions delivery capabilities and shall be held in confidence. These Materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI-SPL. © Copyright AVI-SPL LLC. All Rights Reserved AVI-SPL LLC Proposal #: 379477-1 111 Page TOWN OF WESTLAKE RESOLUTION NO. 22-13 RESOLUTION AUTHORIZING THE TOWN MANAGER TO PURCHASE THE EQUIPMENT AND LICENSING NECESSARY TO LIVE STREAM PUBLIC MEETINGS AND AMENDING THE ADOPTED BUDGET TO ALLOCATE THE NECESSARY FUNDING. WHEREAS, the Town Council finds that there are immediate needs for live streaming public meetings; and WHEREAS, the Town Council finds that funding for the live streaming equipment and licensing is necessary; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: The Town Council of the Town of Westlake hereby approves an amendment to the FY 21-22 adopted budget for an additional $115,000 to allocate funding for the live streaming equipment and licensing. 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. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 28th DAY OF MARCH 2O22. Resolution 22-13 Page 1 of 2 Laura Wheat, Mayor ATTEST: Mary Kayser, Interim Town Secretary Amanda DeGan, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Resolution 22-13 Page 2 of 2 Town Council/Board of Trustees Item # 6 — Reports WORKSHOP ITEM 6. REPORTS: Reports are prepared for informational purposes and will be accepted as presented. (there will be no presentations associated with the report items) there will be no separate discussion unless a Town Council member requests that report be removed and considered separately. a. Academic Quarterly Financial Report for 2nd quarter as of February 28, 2022 BOARD OF TRUSTEES AGENDA ITEM Regular Meeting - Report Monday, March 28, 2022 TOPIC: Quarterly Financial Report for the 2nd quarter ending February 28, 2022 STAFF: Marlene Rutledge, Academic Finance Manager Ginger R. Awtry, Director of Finance STRATEGIC ALIGNMENT Vision,i Perspective ObLective Fiscal Improve Academic Excellence Stewardship PYP / MYP / DP Financial Stewardship SUMMARY The 2nd quarter Financial Dashboard for FY 2021-2022 is attached for your review. This report reflects the audited financials from the previous year, both the adopted and amended budgets with 2nd quarter allocations, the current actual revenues and expenditures, and the resulting variances as of February 28, 2022. Also included with the Financial Dashboard report is the 2021-2022 Westlake Academy Foundation Grant Summary as of February 28, 2022. This report identifies each grant received, its original allocation, year-to-date expenditures, and the grant's current status. A summary is shown at the bottom of the dashboard indicating the net revenues over/(under) expenditures along with the projected ending fund balance for the Adopted Budget and the Actual YTD. The operating days remaining in Fund Balance have been calculated using operating expenditures. The following Dashboard Analysis narrative is color coded, corresponding to specific line -items on the Financial Dashboard. All "cautionary" and "critical" variances, in addition to any excessive "positive" variances, are described in the narrative and include the percentage and variance corresponding to the financial report. Revenue Summary The General Fund has received 111.1 % of its 2nd quarter budgeted revenues. The revenue sources exceeding 100% include Blacksmith donations, Athletic Registrations, Transportation Fees, and Food Service Fees. Described in the Dashboard Analysis are the identified areas of concern, and include: • Interest earned 32.5% • Student parking fees 10.8% • Other local revenue 39.1 % • WAF Salary Reimbursement 97.1 % The most common variable for the deficit in revenue pertains to receipts generated in August 2021 for the 2021-22 school year, which crosses fiscal years. These revenues will even out as the fiscal year progresses. In addition, the Academy is in the 2nd year of using a new software for collecting fees, student activity fees and dues, and now athletic participation fees. This new system (SchoolsBuddy) has enhanced the collection process, recognizing an increase in local revenue. Total local revenue is at 185.9% or $582,298 over the projected 2nd quarter budget. This is primarily attributed to increased marketing and communication efforts on behalf of the Blacksmith Annual Campaign. Funding graphics and FAQ information provided to Westlake Academy faculty and staff, parents, and community members resulted in record -setting one-time giving through North Texas Giving Day. Expenditure Summary The General Fund has expended 104.7% of its 2nd quarter budgeted expenditures. The functions below 100% include Instruction, Curriculum & Staff Development, Guidance & Counseling, Health Services, Security Monitoring, and Data Processing. Described in the Dashboard Analysis are the identified areas of concern, and include: • Resources & Media Services 101.3% • Instructional Leadership 107% • Campus Leadership 106.3% • CoCurricular Activities 124.1 % • General Administration 153% • Maintenance & Operations 113.8% • Community Services 104.2% • Debt Service 163.7% The most common variable for the overages is payroll costs for Instructional & Campus Leadership and Community Services due to adjustments made after budget adoption; administrative contract costs paid in full early in the fiscal year; an increase in bus maintenance and emergency repairs due to aging vehicles; and athletic sport costs supporting additional teams and additional event transportation. COUNCIL ACTION/OPTIONS Council is expected to review and accept this report as presented. If there is any need for follow- up discussions and/or questions, Council should request the report be removed and considered separately. STAFF RECOMMENDATION Staff encourages Council's review of the presented WA 2nd quarter financial information and will be happy to answer any further questions as needed. FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: N/A Funding Source: General Fund Contract: No Forms: N/A Service Levels: There is not impact to service delivery. DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy: N/A Comprehensive Plan: N/A Cost Recovery Analysis: N/A Traffic Impact: N/A ATTACHMENTS 1) Quarterly Financial Dashboard — Quarter Ending February 28, 2022 2) Analysis of Dashboard for Quarter Ending February 28, 2022 3) Local Grants for Quarter Ending February 28, 2022 Page 3 of 3 WESTLAKE ACADEMY General Fund Quarterly Financial Dashboard Quarter Ended 2/28/22 (1) (2) 1 (3) (4) 1 (5) (6) (1) 1 (8) FY 20/21 FY 21/22 ADOPTED FY 21/22 AMENDED FY 21/22 VARIANCE ACTUAL REVENUES and OTHER SOURCES 2nd Quarter Adopted 2nd Quarter Amended 2nd Quarter 2nd Quarter Actual vs over (under) PY Actual Budget Budget Budget CY Actual Amended budget Local Interest Earned $ 1,341 $ 5,000 $ 2,500 5,000 $ 2,500 $ 813 32.5% $ (1,687) 85% Local Blacksmith Donations 905,582 1,030,000 515,000 1,124,000 562,000 1,125,430 200.3% 563,430 Local WAF Salary Reimbursement 32,647 71,771 35,886 71,771 35,886 34,841 97.1% (1,044) Local Other Local Revenue 54,470 35,000 17,500 35,000 17,500 6,838 39.1% (10,662) Local Athletics 57,672 88,100 44,050 88,100 44,050 70,795 160.7% 26,745 Local Parking Fees 12,787 15,000 7,500 15,000 7,500 807 10.8% (6,693) Local Transportation Fees 175 10,500 5,250 10,500 5,250 13,750 261.9% 8,500 Local Food Services - 7,000 3,500 7,000 3,500 7,210 206.0% 3,710 Total Local Revenues 1,064,674 1,262,371 631,186 1,356,371 678,186 1,260,484 185.9% 582,298 State All State Funding 3,734,739 7,609,883 3,804,942 7,609,883 3,804,942 3,768,872 99.1% (36,070) State TRS On -behalf 237,478 499,492 227,846 499,492 227,846 203,139 89.2% (24,707) Total State Revenues 3,972,217 8,109,375 4,032,788 8,109,375 4,032,788 3,972,011 98.5% 60,776 Total Revenues and Other Sources $ 5,036,891 $ 9,371,746 $ 4,663,973 $ 9,465,746 $ 4,710,973 $ 5,232,495 111.1% $ 521,522 Revenue Legend Positive >95% Cautious 75%-95% FY 21/22 FY 20/21 FY 21/22 ADOPTED FY 21/22 AMENDED VARIANCE EXPENDITURES and OTHER USES ACTUAL 2nd Quarter Adopted 2nd Quarter Amended 2nd Quarter 2nd Quarter Actual vs over (under) PY Actual Budget Budget Budget Budget CY Actual Adopted budget FUNCTION CODES 11Instructional $ 2,543,258 $ 4,867,801 $ 2,473,022 4,889,495 2,483,869 $ 2,479,372 99.8% $ (4,497) 12 Resources & Media 35,540 135,797 67,899 159,103 79,552 80,564 101.3% 1,013 13 Curriculum and Staff Dev 3,476 23,662 11,831 72,662 36,331 25,664 70.6% (10,667) 21 Instructional Leadership 87,446 225,326 112,663 225,326 112,663 120,528 107.0% 7,865 23 School Leadership 583,037 1,258,754 648,965 1,258,754 648,965 689,942 106.3% 40,977 31 Guidance & Counseling 306,001 618,426 309,213 618,426 309,213 285,369 92.3% (23,844) 33 Health Services 46,333 81,257 40,629 81,257 40,629 39,050 96.1% (1,578) 36 CoCurricular Activities 133,894 228,089 127,996 228,089 127,996 158,779 124.1% 30,783 41 Administration 151,615 241,964 120,982 241,964 120,982 185,153 153.0% 64,171 51 Maintenance & Operations 444,259 967,763 483,882 967,763 483,882 550,597 113.8% 66,716 52 Security Monitoring 11,693 26,800 13,400 26,800 13,400 4,404 32.9% (8,996) 53 Data Processing 114,584 356,879 178,440 356,879 178,440 174,997 98.1% (3,443) 61 Community Services 70,053 143,543 71,772 143,543 71,772 74,813 104.2% 3,042 71 Debt Service 155,941 207,922 103,961 207,922 103,961 170,191 163.7% 66,230 Total Expenditures and Other Uses 4 687 129 $ 9,383,983 4,764,652 $ 9,477,983 $ 4,811,652 5,039,4a5j 104.7% 227,773] OBJECTCODESJW 61xx Payroll & Related 3,762,277 7,428,869 3,787,095 7,428,869 3,787,095 3,832,362 101.2% $ 45,267 62xx Prof & Contracted Services 472,312 999,529 499,765 999,529 499,765 597,759 119.6% 97,995 63xx Supplies & Materials 129,390 352,053 176,027 397,053 198,527 174,046 87.7% (24,480) 64xx Other Operating Costs 167,209 395,610 197,805 444,610 222,305 265,066 119.2% 42,761 65xx Debt Services 155,941 207,922 103,961 207,922 103,961 170,191 163.7% 66,230 Total Expenditures and Other Uses $ 4,687,129 $ 9,383,983 $ 4,764,652 $ 9,477,983 $ 4,811,652 $ 5,039,425 104.7% $ 227,773 Expenditure Legend Positive .100% Cautious 101%-110% FY 20/21 FY 21/22 ADOPTED FY 21/22 AMENDED FY 21/22 Summary ACTUAL 2nd Quarter Adopted 2nd Quarter Amended 2nd Quarter 2nd Quarter PY Actual Budget Budget Budget Budget CY Actual Net Revenues Over (Under) Exp $ 349,762 $ (12,237) $ (100,679) $ (12,237) $ (100,679) $ 193,070 Beginning Fund Balance (Audited) 1,559,356 2,078,833 2,078,833 2,078,833 2,078,833 2,078,833 Ending Fund Balance $ 1,909,118 $ 2,066,596 $ 1,978,154 $ 2,066,596 $ 1,978,154 $ 2,271,903 Assigned Fund Balance 44,000 88,000 44,000 88,000 44,000 44,000 Ending Fund Balance (Unassigned) $ 1,865,118 $ 1,978,596 $ 1,934,154 $ 1,978,596 $ 1,934,154 $ 2,227,903 # of Operating Days (Unassigned) 72 77 75 76 74 87 Daily Operating Cost $ 25,737 $ 25,710 $ 25,710 $ 25,967 $ 25,967 $ 25,710 WESTLAKE ACADEMY Analysis of Dashboard for Quarter Ending 2/28/2022 GENERAL FUND REVENUES Revenue Summary $ 1,262,371 Adopted Budget Local Sources $ 8,109,375 Adopted Budget State Sources $ 1,356,371 Amended Budget Local Sources $ 8,109,375 Amended Budget State Sources $ 9,371,746 Total Adopted Budget $ 9,465,746 Total Amended Budget $ 4,710,973 YTD Amended Budget $ 5,232,495 YTD Actual 111.1% YTD Budget (Based on Amended Budget) $ 521,522 Over/(Under) Budget O Interest Earned: 32.5% or ($1,687) • The Federal Reserve lowered the federal funds rate in response to the coronavirus pandemic. As of February 2022, the interest rate at First Financial Bank was still at 0.150000% compared to 1.642500% prior to the pandemic in February 2020. Compared to 2"d quarter 2021, a 39% decrease in revenue is recognized, or $528. - Blacksmith Donations: 200.3% or $563,430 • Increased marketing and communication efforts facilitated a successful start to the Blacksmith Annual Campaign for the 2021-2022 school year! Funding graphics with explanations on the importance of donations and how the funds are used may have attributed to the record -setting one-time giving in September 2021 through the North Texas Giving Day. Some Westlake Academy Foundation directors have speculated that due to travel restrictions during the pandemic, families may have had more disposable income available when asked to donate to the campaign. O Other Local Revenue: 39.1% or ($10,662) • Other Local Revenue is made up of ESC Region 11 Training Reimbursements, Technology Use Fees, Student Printing Fees, and Miscellaneous Revenue. • 88% of Other Local Revenue is from Technology Use Fees for the one-to-one iPad Initiative, with the majority of funds received in August prior to the start of the school year. In August 2021, 68% or $28,551 was received as compared to August 2020 with 20%, or $6,242, received due to remote learning and the effects of the pandemic. o NOTE: The Technology Use Fee is a self -funded program that provides funding for device maintenance and insurance coverage costs, infrastructure, and applications for technology used by or for the students. 1 WESTLAKE ACADEMY Analysis of Dashboard for Quarter Ending 2/28/2022 GENERAL FUND - Athletic Revenue: 160.7% or $26,745 • As of February 2022, 80% of the Athletic revenue budget, or $70,795, was received for Athletic participation fees. The increase in revenue may be attributed to the use of SchoolsBuddy for sport registration, which is an improved electronic platform for collecting fees and student activity payments. This platform provides families with a secure electronic payment option, increasing timeliness of registrations and efficiency for financial reporting. - Transportation Fees: 261.9% or $8,500 • 54% of the Parking Fee budget, or $13,750, has been collected for student parking during the current fiscal year. As a component of Athletic registration, this fee covers the cost of bus and van transportation to and from athletic events. With the use of SchoolsBuddy (see above), fees are received more timely and with greater efficiency. O Food Services: 206% or $3,710 • In the 2020-2021 school year, the volume of student lunches decreased by 80% over the 2019-2020 school year due to Covid-19. This decrease was due to a large number of students on the remote - learning schedule. As students returned to in -person instruction in 2022, there has been an increase in meals served which has allowed the vendor to make-up some of the lost revenue from the prior year. O TRS On -Behalf: 89.2% or ($24,707) • TRS On -Behalf, a matching revenue and expenditure entry, is recorded during the payroll process. This entry records the amount of state funding paid to the Teacher Retirement System of Texas on behalf of Westlake Academy employees. (No actual cash entry on our books.) • The adopted budget for TRS On -Behalf calculations are estimates only, 7.5% of the employee's salary. For vacant positions, the calculations are based on a 10-year teacher. When a teacher with less years is hired, the actual expenditure for TRS On -Behalf will be less. The revenue and expenditure budgets will be adjusted prior to the end of the fiscal year. 2 WESTLAKE ACADEMY Analysis of Dashboard for Quarter Ending 2/28/2022 GENERAL FUND EXPENDITURES Expenditure Summar $ 9,383,983 Adopted Budget $ 9,477,983 Amended Budget $ 4,764,652 YTD Adopted Budget $ 4,811,652 YTD Amended Budget $ 5,039,425 YTD Actual 104.7% YTD Budget % (based on amended budget) $ 227,773 Over/(Under) Budget (based on amended budget) Expenditures — Function Code O Fnct 12 — Resources & Media Services (Library): 101.3% $1,013 • With the creation of a Secondary Library in the Arts & Sciences Building, books, furniture, and supplies were purchased during the 15Y quarter to have the library available for student use. This was a one-time expense and will even out as the fiscal year continues. O Fnct 21— Instructional Leadership: 107% or $7,865 • Due to necessary changes in staff between instructional and leadership positions, related salaries and stipends were not included in the original budget causing an overage. A budget amendment to adjust for these stipends will be processed in the 3rd quarter. O Fnct 23 — School Leadership: 106.3% or $40,977 • An administrative substitute was used in the Registrar's office during registration and enrollment at the beginning of the school year. As a one-time expense, this was 7%, or $6,331, of the total substitute budget. • A new administrative position, Assistant Registrar, was created in December 2021 and accounts for 27%, or $34,101, of the total budget for Administrative Assistants. • A budget amendment will be processed in 3rd quarter to better align these costs with the overall budget in Function 23. O Fnct 36 — Co -Curricular & Extra -Curricular Activities: 124.1% or $30,783 • Bus Maintenance: In the Transportation Fund, 20% or $8,721, was attributed to bus maintenance. Mechanical issues with one 77-passenger bus and both 20-passenger vans required simultaneous services, which also included towing fees from event locations to the repair shop. • Athletic Transportation: Due to the addition of three teams for Basketball and Volleyball, the addition of Girls Soccer, and off -site competition for 11-man Football, transportation rental costs increased by 126% over costs from the 2019-2020 school year, or $26,415. It is important to note that there was little to no athletic travel in 2020-2021 due to the pandemic. 3 WESTLAKE ACADEMY Analysis of Dashboard for Quarter Ending 2/28/2022 GENERAL FUND • Athletic Referees: With additional teams and games added to Fall and Winter sport programs, additional referees were required. As of the 2nd quarter, the cost was 42%, or $7,300, over referee costs from the prior year. O Fnct 41— General Administration: 153% or $64,171 • Administrative memberships and technology services were paid in full as of February 2022, creating a higher percentage of funds disbursed. This will equalize over the remainder of the fiscal year. • New to the 2021-2022 school year budget is the use of an executive search consultant for the Executive Director's replacement upon her retirement in June 2022. As of the 2nd quarter, 33% of the budget, or $10,000, was disbursed to begin the process. O Fnct 51— Maintenance & Operations: 113.8% or $66,716 • HVAC Maintenance: Additional HEPA filters were purchased during the first half of the school year as students returned to campus due to the change in replacement schedules from quarterly to every six weeks. This is a qualifying expense for the ESSER III Supplemental federal grant funds and will be reclassified from general fund in the 3d quarter. • Facility Contract Maintenance: There was a 42%, or $3,254, increase in maintenance on kitchen equipment compared to the prior school year. This was due to the replacement of the commercial - sized ice makers. O Fnct 61— Community Services: 104.2% or $3,042 • The increase in expenditures as of the 2nd quarter is the result of a necessary salary realignment occurring after the budget adoption for the WAF administrative assistant position. This adjustment followed the Academy's policy to maintain salaries within 3% of market. Currently 61%, or $20,017, of the payroll budget has been spent as compared to 46%, or $8,748, from the prior year. A budget amendment will be processed in the 3rd quarter to resolve this overage. O Fnct 71— Debt Service: 163.7% or $66,230 • The lease for the One -To -One iPad Initiative is invoiced up to six -weeks prior to the quarterly rental period. Due to the timing of the invoices, three payments on the lease have been made as of February 2022. Expenditures — Object Code O 61XX Payroll & Related Costs: 101.2% or $45,267 • Administrative substitutes were used in the beginning of the school year to assist with student enrollment, registration, and attendance reporting. A new Assistant Registrar position was created to alleviate the need for substitutes in the future (see Function 23 above). 4 WESTLAKE ACADEMY Analysis of Dashboard for Quarter Ending 2/28/2022 GENERAL FUND • Due to the timing of rate changes reported by the Texas Workforce Commission (calendar year vs. fiscal year) for unemployment insurance, 3% of all benefit costs for a 12-month period, or $29,830, was disbursed in 2020-2021. As of the 2nd quarter 2022, 4% or $28,930 of all benefit costs for the six-month period, was disbursed. It is projected that by year-end, the total amount of unemployment insurance will be higher than projected. Therefore, a budget amendment will be processed in August 2022. O62XX Professional & Contracted Services: 119.6% or $97,995 • Co -Curricular & Extra -Curricular Activities 0 87%, or $8,721, of contracted services was for preventative bus maintenance and emergency repair costs in the 1" quarter. Most of the costs may be due to the age of the two 20-passenger vans (see Function 36 above). 0 1.04%, or $24,700, is attributable to an increase in athletic sport referee costs with additional Basketball, Soccer, and Volleyball teams and games (see Function 36 above). • General Administration o 69% of expenditures in function 41, or $110,274, was attributable to the full payment of annual contracts for technology services for Human Resources and Finance (see Function 41 above). O 64XX Other Operating Costs: 119.2% or $42,761 • Co -Curricular & Extra -Curricular Activities o 82%, or $26,415, of operating cost was due to the required transportation needed for 11- man football competition. Westlake Academy does not have a field to accommodate 11- man football, therefore, all games were away games (See Function 36 above). A budget amendment will be processed in 3rd quarter to resolve this overage. O 65XX Debt Services: 163.7% or $66,230 • Three -fourths of the annual lease contract for student iPads has been paid as of February 2022 (see Function 71 above). This will equalize over the remainder of the year. 9 WESTLAKE ACADEMY FY 2021-2022 LOCAL GRANT SUMMARY as of February 28, 2022 Grant Source Description of Grant Total Grant Awarded Brd Apvd Date Total Expended Prior Years Total Expended FY 21/22 Total Expended All Years Total Remaining Balance Award Status Grant TR to Academy WAF (AD00) Current Year Teacher Grants 484 (23) •------------- 484 (31) •------------- 484 (36) Touchless Fountain/Bottle Filling (Gym) ---------------------------------------------------------- Extended Day After -School Program ---------------------------------------------------------- G10-12 Science Supplies $ 7,000.00 -------------------- $ 13,485.00 -------------------- 12,834.00 12/13/21 ------------------------------------------------------- 05/24/21 ------------------------------------------------------- 11/15/21 $ - $ - 7,889.67 12,833.83 $ - -------------------- 7,889.67 -------------------- 12,833.83 $ 7,000.00 5,595.33 0.17 ------------------------------ ------------------------------ CLSD 7,889.67 12,833.83 484 (38) Retention Stipend (up to $100K) 100,000.00 02/14/22 65,974.12 99.00 65,974.12 34,025.88 CLSD --------------------- 65,974.12 99.00 484 (39) DNA Testing Kit for Genetics Unit 99.00 03/01/22 99.00 - CLSD Sub -Total: WA Foundation -Teacher Grants $ 133,418.00 $ Is 86,796.62 1 $ 86,796.62 1 $ 46,621.38 86,796.62 WAF (AD00) Prior Year Teacher Grant Roll-Overs 484 (20) Technology Apps CLSD $ 11,300.00 09/21/20 $ 5,416.30 $ 3,999.00 $ 9,415.30 $ 1,884.70 3,999.00 Sub -Total: WA Foundation-PY Teacher Grants $ 11,300.00 $ 5,416.30 $ 3,999.00 $ 9,415.30 $ 1,884.70 3,999.00 WAF (GN30) Gallery Night FAI (multi -year) 484 (63) GN-Fund-An-Item 2018 (PYP Science Lab) $ 20,000.00 02/12/18 $ 18,176.30 $ 1,823.70 $ 20,000.00 $ - 1,823.70 484 (29) GN-Fund-An-Item 2021 (Instant Impact Items) 15,100.00 04/22/21 8,664.63 2,939.78 11,604.41 3,495.59 2,939.78 Sub -Total: WA Foundation -Gallery Night FAI $ 35,100.001 J$ 26,840.93 1 $ 4,763.48 $ 31,604.41 1 $ 3,495.59 1 4,763.48 WAF (WB34) Westlake Baja FAI (multi -year) 484 (101) Baja Fund -An -Item 2020 (Teacher of the Year) $ 51,459.35 11/11/19 $ 51,459.35 $ - $ 51,459.35 $ - 484 (99) Baja Fund -An -Item 2020 (Athletic/Club Stipends) 93,279.93 11/11/19 87,628.81 5,651.12 93,279.93 - 5,651.12 484 (100) Baja Fund -An -Item 2020 (Int'I Trvl/Trng & Projects) 9,414.21 11/11/19 9,419.00 - 9,414.21 - Sub -Total: WA Foundation -Westlake Baja FAI $ 154,153.49 $ 148,507.16 $ 5,651.12 $ 154,153.49 $ - 5,651.12 WAF (EF35.03) Endowment Funds: BRADLEY $ 5,000.00 $ $ 4,000.00 $ 4,000.00 $ 1,000.00 497 Bradley: Travel Grant 4,000.00 Sub -Total: WA Foundation -Endowment Bradley $ 5,000.00 $ $ 4,000.00 $ 4,000.00 $ 1,000.00 4,000.00 WESTLAKE ACADEMY FY 2021-2022 LOCAL GRANT SUMMARY as of February 28, 2022 Grant Source Description of Grant Total Grant Awarded Brd Apvd Date Total Expended Prior Years Total Expended FY 21/22 Total Expended All Years Total Remaining Balance Award Status Grant TR to Academy WAF (EF35.05) Endowment Funds: QUINN (multi -year) 484 (32) Wireless Microphones $ 750.00 ILT 8/30/21 $ $ 640.62 $ 640.62 $ 109.38 640.62 484 (33) Math Wipebooks 560.65 08/26/21 560.65 560.65 - CLSD 560.65 484 (34) Butterfly Garden Renovation 782.00 11/09/21 222.00 222.00 560.00 222.00 Sub -Total: WA Foundation -Endowment Quinn $ 2,092.65 $ $ 1,423.27 $ 1,423.27 Is 669.38 1,423.27 TOTAL GRANTS FUNDED BY WAF $ 341,064.14 1 $ 180,764.39 1 $ 106,633.49 1 $ 287,393.09 $ 53,671.05 $ 106,633.49 WAF (EG31) Multi -Year RESTRICTED Donor -Designated Gifts 484 (37) Donation: After -School Dyslexia Tutoring $ 15,000.00 10/16/17 $ 7,197.89 $ - $ 7,197.89 $ 7,802.11 484 (43) Donation: Angel Funds (Class of 2024) 1,675.00 10/11/17 550.00 1,125.00 1,675.00 - CLSD 1,125.00 484 (47) Donation: Library Grant 12,520.00 10/16/17 2,192.82 10,327.18 12,520.00 - CL 10,327.18 484 (55) Donation: Student Travel Awards 10,050.00 01/15/18 2,761.00 3,493.00 6,254.00 3,796.00 3,493.00 484 (81) Donation: PYP (Davidson) Science Lab 7,500.00 11/26/18 699.58 2,496.32 3,195.90 4,304.10 2,496.32 484 (84) Donation: Drumline Program 10,000.00 08/21/19 6,164.72 200.00 6,364.72 3,635.28 200.00 484 (93) Donation: Performing Arts Program 11,000.00 10/18/19 1,020.56 1,765.00 2,785.56 8,214.44 1,765.00 484 (35) Hudson Foundation Grant 20,000.00 10/19/21 - 11,451.26 11,451.26 8,548.74 11,451.26 Sub -Total: Donor -Designated Grants $ 87,745.00 $ 20,586.57 $ 30,857.76 1 $ 51,444.33 Is 36,300.67 30,857.76 WAF (EG31) Multi -Year UNRESTRICTED Donor -Designated Gifts 484 (38) Donation: Baugh Foundation Retention Stipend $ 125,000.00 11/08/19 $ - $ 125,000.00 $ 125,000.00 $ - CLSL 125,000.00 Sub -Total: Donor -Designated Grants $ 125,000.00 $ - $ 125,000.00 $ 125,000.00 $ - 125,000.00 TOTAL GRANTS THROUGH WA FOUNDATION $ 553,809.14 1 $ 201,350.96 1 $ 262,491.25 1 $ 463,837.42 $ 89,971.72 1 $ 262,491.25 Town Council/ Board of Trustees Items listed under this section have been Item # 7 — Workshop Items: approved by Town Council to be placed on Council Agenda Item the Workshop for further discussion and Requests potential direction to staff. Workshop items are for discussion only. No action may be taken on items listed under this portion of the agenda, other than to provide general direction to staff or to direct staff to place such items on a future agenda for action. a. Discussion of video communication that was published on or about the 17th of February and subsequently viewed by staff and residents and commented on by an academy staff member. What response should Council take to address staff and resident concerns? (Wheat 2/28) Scheduled to be placed on agenda on 3128 Town Council/Board of Trustees Item # 8 — Discussion WORKSHOP ITEM 8. Discussion of the Town Staff Level of Engagement with the Homeowners Association Providers. 4 T H E T 0 W N O F WESTLAKE DISTINCTIVE BY DESIGN TOWN COUNCIL AGENDA ITEM Workshop - Discussion Item Monday, March 28, 2022 TOPIC: Discussion regarding Town staff level of engagement with the Homeowner's Associations. STAFF: Troy J. Meyer Director of Facilities & Public Works STRATEGIC ALIGNMENT High Quality Planning, Design & Informed & Engaged Development - We are a desirable Citizens /Sense of Citizen, Student & well planned, high -quality Encourage Westlake's Stakeholder Community community that is distinguished by Unique Sense of Place exemplary design standards. SUMMARY The Town of Westlake currently has 9 Homeowner's Associations (HOA) and 1 Airpark Association. The HOA's are created when new developments are improved, and the new developers enter into contracts with the Town of Westlake called Development Agreements that require conditions for construction, installation, and maintenance of certain public and private improvements or amenities within a subdivision. The following developments have development agreements - Carlyle Court, Entrada, Glenwyck Farms, Granada, Knolls at Solana, Quail Hollow, Terra Bella, Vaquero and Wyck Hill. Staff is looking for direction on what level of engagement the Town Council would like staff to have with the HOA's. A few options to consider are listed below: • Hold an annual meeting with all HOA management providers at town hall, including fire and police. • Staff meets with each HOA board annually. • Have quarterly meetings with each HOA management provider. • Invite the HOA management provider to the Town Council meetings when items are on the agenda for that development. • Send out emails to inform the HOA of any issues that may impact their development. • Staff sends emails to management provides with updated information. Page 1 of 2 COUNCIL ACTION/OPTIONS Confirm what level of staff engagement with HOA's. STAFF RECOMMENDATION Staff recommendation is to hold an annual meeting at Town Hall for all HOA management providers to attend. This would give them the opportunity to inform the staff of any issues or concerns including if there have been any changes in board members. The Fire and Police Chiefs would attend as additional resources. FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: N/A Funding Source: N/A Contract: No Forms: N/A Service Levels: N/A DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Town of Westlake: N/A Comprehensive Plan: N/A Cost Recovery Analysis: N/A Traffic Impact: N/A ATTACHMENTS N/A Page 2 of 2 Town Council/Board of Trustees Item # 9 — Discussion WORKSHOP ITEM 9. DISCUSSION REGARDING A COST RECOVERY AND FISCAL IMPACT TOOL TO BE UTILIZED FOR THE REVIEW OF PROPOSED DEVELOPMENT REQUESTS. 4 T H E T 0 W N O F WESTLAKE DISTINCTIVE BY DESIGN TOWN COUNCIL AGENDA ITEM Workshop - Discussion Item Monday, March 28, 2022 TOPIC: Update and discussion regarding a Cost Recovery and Fiscal Impact Tool to be utilizied for the review of proposed development requests STAFF: Ron Ruthven, Planning and Development Director STRATEGIC ALIGNMENT Vision,E I PerspectiveStrategic; Results Outcome High Quality Planning, Design & Planned / Responsible Development - We are a desirable Optimize Planning & Development Fiscal Stewardship well planned, high -quality Development community that is distinguished by Capabilities exemplary design standards. SUMMARY The purpose of this item is to provide an update to the Town Council regarding the implementation of cost recovery tool to be utilized as part of staff s analysis of new development requests. On November 30, 2020, MESA Planning provided a presentation to the Town Council regarding the tool and has since been developing the tool such that it can be utilized for new development requests. COUNCIL ACTION/OPTIONS • Provide direction to staff regarding the implementation of the cost recovery tool. STAFF RECOMMENDATION N/A FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: N/A Funding Source: General Fund Contract: No Forms: N/A Service Levels: N/A Page 1 of 2 DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy: N/A. Comprehensive Plan: N/A. Cost Recovery Analysis: N/A. Traffic Impact: N/A. Page 2 of 2 Town Council/Board of Trustees Item # 10 — Presentation and Discussion WORKSHOP ITEM 10. PRESENTATION AND DISCUSSION REGARDING THE ANNUAL REPORT FROM THE KELLER POLICE DEPARTMENT RELATIVE TO POLICE SERVICES AND THE RACIAL PROFILING REPORT FOR THE TOWN OF WESTLAKE. 4 T H E T 0 W N O F WESTLAKE DISTINCTIVE BY DESIGN TOWN COUNCIL AGENDA ITEM Workshop - Discussion Item Monday, March 28, 2022 TOPIC: Annual report from the Keller Police Department relative to police services and the racial profiling report for the Town of Westlake. STAFF: Jarrod Greenwood, Deputy Town Manager STRATEGIC ALIGNMENT Exemplary Service & Governance Increase Transparent / Integrity- Municipal & - We set the standard by delivering Transparency, driven Government Academic Operations unparalleled municipal and Accessibility & educational services at the lowest Communications cost. SUMMARY Each year, the Keller Police Department provides the Town Council with an End of Year report regarding the various police services provided to the Westlake community as well as the required racial profiling report. Many of the same Covid related challenges from 2020 continued into 2021 for the Keller Police Department. Police, as we experienced a resurgence of the global pandemic. In this End of Year presentation, Chief Fortune will present his policing philosophy and outline how the Keller Police Department abides by the Pillars of 21" Century Policing. He will discuss the various `action items' being implemented as a result of the incident from August 15 as well as the annual required Racial Profiling Report completed by Del Carmen Consulting. This racial profiling report has been updated to include the requirements of the Sandra Bland Act that was signed into law in 2017. The report now includes additional data, a more in depth analysis of the data, and new racial and ethnic designations. The submittal has been compiled by Chief Brad Fortune and contains the yearly information, as well as a chart outlining the historical data for our contractual period with the agency. COUNCIL ACTION/OPTIONS N/A Page 1 of 2 STAFF RECOMMENDATION N/A. FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: N/A Funding Source: N/A Contract: No Forms: N/A Service Levels:N/A. DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy: N/A. Comprehensive Plan: N/A. Cost Recovery Analysis: N/A. Traffic Impact: N/A. ATTACHMENTS Westlake Police Annual Report 2021 Keller 2021 Racial Profiling Report Page 2 of 2 Keller Police Department `Town of Westlake' Annual Report 2021 F I LT H E T 0 W N O F sr. ssss W ESTLAKE t'ALMA Chief Bradley G. Fortune March 9, 2022 SERVICE - JUSTICE - FAIRNESS Town of Westlake Annual Summary Report 2021 March 9, 2022 Performance Summary The men and women of the Keller Police Department adapted to the various challenges they were faced with throughout 2021 and continued to provide excellent service to the citizens of Westlake as evident by their four (4) performance measures: Crime Rate (3.46 per 1,000 in daytime population), Traffic Safety (9% decrease in reportable traffic collisions), Timely Service (3:16 minute average response time to an emergency call after being dispatched) and Quality of Service (100% of respondents rated the overall competency as well as department employees' attitudes and behavior as having met or exceeded expectations). Westlake finished the year with 48 reported Part 1 Crimes. Department objectives coupled with a continued focus on establishing and enhancing relationships, community engagement, as well as support from City Management and City Council continue to play critical roles in maintaining a low crime rate and high quality of life in the Town of Westlake. Our continuous improvement model drives us to work each day to improve our partnership with the community by maintaining a focus on Service, Justice, and Fairness. We continue to strive to be open and transparent in all we do by collaborating with community members as we establish policies and strategies for reducing crime and addressing quality of life issues. As you will see when you read this annual report, the Keller model is a model for success. I believe the quality of our team coupled with the police service model we use, was directly responsible for maintaining a low crime rate in Westlake and continuing to be responsive to the needs of our community. As of January 3, 2022, we have zero (0) sworn and four (4) non -sworn vacancies (two (2) detention officer, one (1) NETCOM assistant manager and one (1) NETCOM dispatcher) in the organization. This is 95.7% of our authorized positions filled. This is impressive staffing numbers as a report released reference a Survey on Police Workforce Trends completed by Police Executive Research Forum (PERF) noted, on average, agencies filled 93% of their authorized positions. Officers, at times, feel their situation is unique to their specific agency, when, in fact, the staffing trends are consistent across the nation profession -wide. Please note that attached to the end of this report is the statistical summary of activity for the Town of Westlake for the calendar year 2021 and the preceding ten years. This report does not account for the service level in Keller, which is reported separately to their City Council. Recognition We continue to commend our employees for outstanding performance and demonstrating servant traits in providing service not only to our external customers, but team members as well. During 2021, team members received over 100 commendations and we continue to see an increase in public commendations communicated by mail, email, and our social media fronts. In 2021, we presented two (2) Certificate of Merits, one (1) Chief's Letter of Commendation, & eleven (11) Lifesaving Awards. 2 Town of Westlake Annual Summary Report 2021 March 9, 2022 Activity and Emergency Response Because we are a service industry, we carefully monitor our calls for service. Our total calls for service measures both calls from the public and employee initiated activities. Calls For Service 20000 18000 16000 14000 12000 Citizen 10000 Initiated 8000 6000 4000 2000 0 N C'M "Zi- LO (D I- 00 d) O N N O O O O O O O O O O O N N N N N N N N N N N During calendar year 2021, we responded to 15,258 calls from our citizens and our officers initiated 12,601 calls for service. The citizen initiated calls for service has increased by .6% from the previous year and the officer -initiated calls decreased by 10%. Self -initiated police activity has a direct effect on crime. Properly enforcing the motor vehicle laws by stopping cars helps in the apprehension of dangerous criminals, the prevention of crime, and the change in driver behavior. Officer's unallocated time was 45.60%, a decrease from 49% in 2020. This is consistent with the ease of restrictions from the pandemic in 2020. Businesses opened and traffic increased. Officer contacts began to move towards pre -pandemic levels. Our average response time to an emergency call after it was dispatched (drive time) was a 3:16 minute average, which was close to last year's 3:27 minute average. The 3:16 minute average achieves our response goal of under 4 minutes (drive time). Two contributions that affect these statistics are GPS location services in 911 that provide better accuracy for dispatching calls. Dispatch has partnered with two companies to provide far better accuracy with GPS phone location when callers dial 911. Dispatchers are able to provide better location information to the officers responding, which allows them to arrive at the proper location more quickly and effectively. 3 Town of Westlake Annual Summary Report 2021 March 9, 2022 We continue to notice a trend in the volume of calls in 9-1-1 and Non -emergency phone calls. We advertise the use of Siren GPS for persons in our area and they are learning that they can use Non -emergency lines with GPS location at the touch of two buttons rather than calling 911 as much. We added text to 911 capabilities in 2020. We also partner with City Staff to use social media for notifications about issues within the city, which greatly reduces the desire for persons to call and ask questions or report issues already being addressed. There are also more digital display signs being posted in advance of construction projects prompting drivers up to a week in advance to find alternate routes. Crime Rate and Quality of Life The benchmark to measure crime in communities across the United States is the Uniform Crime Report Part 1 Index Crime. This includes Murder, Rape, Robbery, Aggravated Assault, Burglary, Theft, and Auto Theft. We experienced 48 Part 1 Crimes in 2021. 89% of Westlake crimes are property crimes. The Town of Westlake continues to maintain a low Part 1 Crime rate, by having a high level of community engagement and the organization deploying a policing strategy that is congruent with the community's expectations and accepted by our stakeholders. This, along with the continued support of our town council, town manager, and community to provide the resources needed to effectively perform our duties, continues to have a direct impact on the lowering of crime in the Town of Westlake and our ability to sustain a low crime rate over time. The total number of in -custody arrests for 2021 was 85, a decrease of 38% from the previous year. This does not include the housing of prisoners under the jail agreements with Southlake, Colleyville, & Roanoke or arrests in the City of Keller. The prisoners housed in our jail facility last year totaled 1,661. Several factors attributed to these numbers. We continued to work in a new environment impacted by COVID-19 and the new variant, Omicron. We experienced staffing shortages throughout 2021 in the jail with our detention officers, as well as sworn personnel on the streets. This required the jail, at times, to initiate restrictions on violations of arrestees to be accepted. Additional factors which continue to impact these numbers each year include our agreement with our municipal Judge reference assigning time served to prisoner pickups, and the impact of the Sandra Bland Act, which diverts prisoners in need of psychological and/or medical services to those facilities rather than being housed in holding facilities and jails. Traffic Safety We experienced a 9% increase in reportable automobile collisions last year. A total of 89 collision reports were completed by our officers in 2021 compared to 81 in 2020. However, compared to Pre-Covid 2019 data, 2021 was a 5.32% decrease from 2019 crashes of 94. Similarly, overall crashes from 2021 (254) showed a 22.32% decrease from Pre-Covid 2019 (327) data. The top three collision locations were Trophy Lake and SH 114, Trophy Club and SH 114, and US 377 and SH 170. The top three contributing factors of crashes in Westlake were Failed to Yield Right of Way - Stop Sign or Disregard Stop and Go Sign, Texting while 4 ITown of Westlake Annual Summary Report 2021 I March 9, 2022 Driving: Fatigued or Asleep, and Unsafe Lane Change. There was (0) zero fatality crashes in Westlake during 2021. To note, DWI arrests for the year totaled 36 which was a 9% increase over last year. Internal Investigations and Complaints (Department Totals) There were twenty-four (24) documented complaints against our employees with thirteen (13) complaints sustained (1 - external, 12 - internal). Nine (9) complaints were unfounded, and two (2) complaints were not -sustained. Of the twenty-four (24) documented complaints, eleven (11) complaints originated externally and thirteen (13) originated internally. There were eleven (11) internal affairs investigations in 2021. Five (5) were unfounded, two (2) were not -sustained, and four (4) were sustained, three (3) of which resulted in the termination of the affected employees. Response to Resistance (Department Totals) In 2021, department employees responded to resistance forty-nine (49) times against persons who resisted arrest, search, or transport. Each time, the incident was documented and investigated by a supervisor and reviewed by a defensive tactics Instructor, the Division Commander, and the Chief of Police. The number of response to resistance incidents increased from twenty three (23) in 2020. The response to resistance rate per 1,000 prisoners increased to thirty (30) from fifteen (15) for 2021. This increase is contributed to the number of show of force reports and an increase in the number of arrests compared to 2020. The show of force reports were implemented in the latter half of 2020, which resulted in one show of force report in 2020, there was a total of twenty- five show of force reports in 2021. The combined total of prisoners processed in the Keller Regional Detention facility was 1,661 which is an increase of 158 (11 %) from 1,503 last year. There were no patterns of incidents involving individual officers as the response to resistance incidents were spread among forty-three (43) officers and jailers. Twenty-two (22) officers/jailers were involved in three (3) or more response to resistance incidents each. However, a review of their incidents did not reveal any trends that indicated the response to resistance was out of policy. Personnel were more likely to become involved in a response to resistance incident on Tuesday (22%) involving white (67%) males (73%) between the ages of 30-39 (33%) between the hours of 6:00 pm and 11:59 pm (37%) in a house or residence (37%). The primary use of force type was Miscellaneous Physical Force consisting of sixty (60) uses. Miscellaneous Physical Force involves holding, grabbing, or pushing. The analysis did not reveal any equipment needs or modifications needed nor did it reveal any policy issues or corrective action at this time. The Keller 5 ITown of Westlake Annual Summary Report 2021 I March 9, 2022 Police Department implemented a new software program in October 2017 to capture and track Response to Resistance incidents. The program assists the Keller Police Department to quickly identify trends and provide more detailed data for developing training. The analysis will be used to guide the defensive training classes which are held quarterly throughout the year. These training sessions are developed around previous Response to Resistance Incidents by refreshing the officer's knowledge on techniques used for certain situations. We are one of the few police agencies that train quarterly on this issue. We believe it is a wise use of resources and the response to resistance outcomes coupled with the absence of officer/suspect injuries confirms this. Attempt to Stop (Department Totals) A total of twenty-four (24) incidents of attempting to stop/pursuit of a suspect in an automobile occurred in 2021. The current pursuit policy only allows officers to pursue suspects when probable cause exists that the suspect has committed a felony involving the use or threatened use of deadly physical force. All twenty-four (24) of the incidents were terminated by the involved officer. Two (2) of the incidents resulted in discipline for violation of general orders. Volunteer Services (Department Totals) Volunteers in Policing Service (VIPS) vehicle patrol program has completed its 12t" year. This is a community policing initiative where graduates of our Citizens Police Academy patrol our Keller and Westlake in specially marked vehicles to assist in service and crime prevention activities. Participating members receive special training before they begin patrols. They assist officers at accident scenes, perform routine tasks, ride through the parks and commercial establishments, and perform other non -dangerous crime prevention activities. The VIPS unit receives training every quarter on topics such as missing person procedures to traffic control. This is a great service to our police department and our community. The unit logged over 1,885 hours (113% increase) and 8,775 miles (199% increase) on the two patrol vehicles last year. This is a significant increase compared to previous year due to the relaxed restrictions on the current pandemic. Additionally, the VIPS unit completed 1,482 house checks. Community Engagement (Department Totals) In 2021, the Community Relations Officer conducted 21 Crime Prevention Presentations and no inspections. Although homeowners and businesses can no longer receive a discount on their insurance policy by having their home or business inspected, inspections are still encouraged by our Community Relations Officer. The effects of the COVID-19 pandemic has greatly affected the number of crime prevention presentations and inspections. M ITown of Westlake Annual Summary Report 2021 I March 9, 2022 Information concerning crime trends, locations and traffic closures/enforcement are distributed by the City of Keller Information Officer and Town of Westlake Director of Communications via, the City/Town Website, Facebook and Twitter pages. Additionally, the Community Relations Officer has continued to disseminate Public Service Announcements. In 2021, 10 PSA's were created to inform the Keller and Westlake citizens of various safety topics, and in some cases using current pop culture themes to keep it timely. National and State Accreditation We continue to meet and exceed the standards required as being a Nationally Accredited agency. The voluntary process of accreditation demonstrates a level of excellence by a police department that they comply with over 450 national standards and subjects the organization to an outside review by a team of independent assessors. Accreditation strengthens an agency's accountability, both within the agency and the community, through a set of standards that clearly define authority, performance, and responsibilities. Because the award is only for four years, accreditation is a continuous improvement tool requiring agencies to show compliance to the standards if they wish to remain an accredited police department. In March 2018, the Keller Police Department hosted CALEA Assessors as we again attempted to achieve Accreditation with Excellence for Law Enforcement Services and to obtain initial Public Safety Communication National Accreditation. The on -site assessments were successful and the Keller Police Department was awarded Advanced Accreditation with Excellence and Public Safety Communication Accreditation in July of 2018 in Grand Rapids, Michigan. With this achievement, NETCOM became the first regional 9-1-1 center to be nationally accredited in the state of Texas. In July of 2019, 2020, and 2021, the Keller Police Department and NETCOM Dispatch participated in CALEA remote based assessments and were found to be in compliance with all reviewed files. In addition to our National Law Enforcement Accreditation programs we are also a Texas Police Chief's Association Best Practices Recognized Agency, which also requires an onsite evaluation every four years. In May 2021, the Keller Police Department successfully passed another TPCA onsite and were awarded re -recognition. The Keller Police Department first earned Advanced Law Enforcement Accreditation in 2006 and Texas Police Chief's Association Recognition in 2013. The accreditation and recognition processes are funded by the Keller Crime Control and Prevention District Sales Tax. Regional Services The multi -year agreements with the Cities of Southlake and Colleyville, to provide jail and public safety dispatching services, and full police services to the Town of Westlake, continues to show value in cost effectiveness and service delivery. The city of Roanoke joined the jail aspect of this interlocal agreement in 2020. The sharing of communication across the borders continues to pay dividends. We continue to have success stories where the quick sharing of information between the cities because of the consolidated communications center led to the apprehension of suspects of crime. Fire dispatching continues to improve with faster turnout times and better sharing of information among ITown of Westlake Annual Summary Report 2021 I March 9, 2022 the four fire departments. The estimated cost savings to the four cities well exceeds $1,200,000 in personnel and equipment costs. The regional communications center answered 41,503 9-1-1 calls, 77,934 non -emergency phone calls, and dispatched 41,762 Police and Fire/EMS calls. In 2012, the cities of Keller, Southlake, and Colleyville merged their respective animal services operations into a single regional animal services operation at the Keller Police facility. Roanoke joined this operation in 2020. Costs related to the Regional Animal Services and Adoption Center are shared by each city and paid in direct proportion to the percentage of calls for animal services, and number of animals impounded and housed in the facility annually. During 2021, the Regional Animal Services responded to 4657 calls for service. This is an increase of 31 % from the CFS in 2020. The unit impounded 907 animals, an increase of 15% and placed 743 of those animals for a live release rate of 82%. The Animal Control Unit euthanized thirty-four (34) dogs and cats due to illness, temperament and/or at the animal owner's request during the year. This is a 50% decrease compared to the 2020 euthanasia rate. In May of 2014, the Humane Society of North Texas (HSNT) came on -board at the Keller Police facility, adjoining their professionalism in animal care and adoption with our partnering cities. The HSNT now operates the Regional Animal Adoption Center with both its full-time staff as well as dedicated volunteers. This public/not for profit partnership allows the experts in the industry of animal care to manage and staff the adoption center. This has increased the adoption rate of animals from the regional animal control facility, while allowing the cities to avoid $150,000 in annual staffing costs. From January 1st through December 31 st 2021, HSNT successfully adopted 1,303 dogs and cats from the Regional Adoption Center. This is a decrease of 25% over 2020. In addition, HSNT staff members assisted Keller Regional Services with processing pet registrations and greeting the public when they have an Animal Service issue or concern. Cost Efficiency When you take the price of the police services agreement ($993,553) and divide it by the total number of calls for service (15,258), it costs the Town of Westlake $65.12 per call for service. This continues to be a very efficient cost when you compare it to the $95.35 cost per call for service in the City of Keller. Conclusion The year 2021 was a step towards normalcy as we adapted to COVID and its new variants Omicron and Delta. Omicron challenged us as staffing concerns were present throughout the year. Things improved towards the end of the year as we are now fully staffed and awaiting our new employees to complete their initial training. We look forward to 2022 and the future of our department. 35% of our sworn personnel have fewer than three (3) years. This is an exciting time to continue to develop our new employees and hear their fresh ideas on how to improve our police department and our overall service to our citizens. W i U i i Motor Vehicle Stops 9,829 12,221 9,993 9,579 10,432 11,109 10,718 8,339 7,729 7,457 7,049 Investigative Motor Vehicle Stops 1,456 1,483 1,331 1,348 1,248 1,265 1,374 930 853 960 945 Miscellaneous Service Calls 793 741 1,066 1,088 992 1,016 1,136 1,496 1,592 1,923 1,445 Traffic Accident Investigations 348 343 322 341 398 461 386 333 327 219 254 Building Checks 5,092 6,595 6,916 6,927 6,506 6,061 7,453 6,621 3,244 5,872 5,161 Alarm Responses 133 235 273 266 230 241 224 277 212 191 251 Animal Control Calls for Service 91 85 114 99 60 74 78 81 84 65 153 Citizen Initiated Calls for Service 2,748 2,959 3,125 2,528 2,693 2,567 2,474 2,458 2,831 2,641 2,657 Total Calls for Service 17,742 21,703 20,002 19,944 19,866 20,227 21,369 18,077 14,041 16,687 15,258 Part 1 Crimes 30 39 9 15 20 13 22 31 14 48 48 Traffic Violations on Citations 6,409 6,464 7,527 7,164 7,524 7,583 6,777 5,134 5,724 5,204 4,427 Westlake Prisoners Booked -In 252 248 262 254 211 202 194 148 153 138 85 DWI Arrests 80 50 69 55 62 66 70 50 25 33 36 Case Reports 140 108 116 113 118 122 133 134 91 175 157 Fire/EMS Calls Dispatched 459 j 445 j 529 j 495 j 463 j 493 j 503 1 523 j 454 j 416 j 620 2021 Racial Profiling Report 4 1 sp a V go Keller Police Department DEL CARMEN Consulting @) LAW ENFORCEMENT EXQERI '-- a IaI� . a a~ A 1 IL ' •�110 1%S }ato 7 a a N 1 0 a Iola 0 10L0 0 101a 0 1010 10 11 10 1 0 a in 1 0. a la l� 0 la J - IQIa a 10Yu a 1010 ... - 1010 a A I0 F-v i0! � • 019 j q a 10 : a 1 1 0 10 a if 0 1 o IN "Dr. Alex del Carmen's work on racial profiling exemplifies the very best of the Sandra Bland Act, named after my daughter. My daughter's pledge to fight for injustice is best represented in the high quality of Dr. del Carmen's reports which include, as required by law, the data analysis, audits, findings and recommendations. I commend the agencies that work with him as it is clear that they have embraced transparency and adherence to the law." -()uote by (;eneva 17eed (tMoMer° 4 Sandra Rand) 1 February 9, 2022 Keller City Council 330 Rufe Snow Drive Keller, Texas 76248 Dear Distinguished Members of the City Council, The Texas Legislature, with the intent of addressing the issue of racial profiling in policing, enacted in 2001, the Texas Racial Profiling Law. During the past year, the Keller Police Department, in accordance with the law, has collected and reported traffic and motor vehicle -related contact data for the purpose of identifying and addressing (if necessary) areas of concern regarding racial profiling practices. In the 2009 Texas legislative session, the Racial Profiling Law was modified and additional requirements were implemented. Moreover, in 2017, the Sandra Bland Act was passed and signed into law (along with HB 3051 which introduced new racial and ethnic designations). The Sandra Bland Law requires that law enforcement agencies in the state collect additional data and provide a more detailed analysis. All of these requirements have been met by the Keller Police Department and are included in this report. This particular report contains three sections with information on motor vehicle -related contact data. In addition, when appropriate, documentation is also a component of this report, aiming at demonstrating the manner in which the Keller Police Department has complied with the Texas Racial Profiling Law. In section 1, you will find the table of contents. In section 2, the report includes documentation which demonstrates compliance by the Keller Police Department relevant to the requirements as established in the Texas Racial Profiling Law. That is, you will find documents relevant to the training of all police personnel on racial profiling prevention and the institutionalization of the compliment and complaint processes, as required by law. In section 3, the report includes statistical data relevant to contacts (as defined by the law) which were made during the course of motor vehicle stops that took place between 1/1/21 and 12/31/21. In addition, this section contains the Tier 2 form, which is required to be submitted to this particular organization and the law enforcement agency's local governing authority, by March 1st of each year. The data in this report has been analyzed and compared to information derived from the U.S. Census Bureau's Fair Roads Standard. The final analysis and recommendations are also included in this report. The last section of the report contains the original draft of the Texas Racial Profiling Law, SB1074, as well as the Sandra Bland Act (current law). Also, in this section, a list of requirements relevant to the Racial Profiling Law, as established by TCOLE (Texas Commission on Law Enforcement) is included. The findings in this report serve as evidence of the Keller Police Department's commitment to comply with the Texas Racial Profiling Law. Sincerely, Alex del Carmen, Ph.D. Table of Contents Introduction Letter to Council Members 2 Table of Contents 3 Responding to the Law Public Education on Filing Compliments and Complaints 4 Racial Profiling Course Number 3256 5 Reports on Compliments and Racial Profiling Complaints 11 Tier 2 Data (Includes tables) 13 Analysis and Interpretation of Data Tier 2 Motor Vehicle -Related Contact Analysis 23 Comparative Analysis 24 Summary of Findings 26 Checklist 27 Legislative and Administrative Addendum TCOLE Guidelines 29 The Texas Law on Racial Profiling 34 Modifications to the Original Law 41 Racial and Ethnic Designations 49 The Sandra Bland Act 50 Keller Police Department Racial Profiling Policy 65 DEL CARMEN Consulting ° tA LAW ENFORCEMENT EXPERTS KI Informing the Public on the Process of Filing a Compliment or Complaint with the Keller Police Department The Texas Racial Profiling Law requires that police agencies provide information to the public regarding the manner in which to file a compliment or racial profiling complaint. In an effort to comply with this particular component, the Keller Police Department launched an educational campaign aimed at informing the public on issues relevant to the racial profiling complaint process. The police department made available, in the lobby area and on its web site, information relevant to filing a compliment and complaint on a racial profiling violation by a Keller Police Officer. In addition, each time an officer issues a citation, ticket or warning, information on how to file a compliment or complaint is given to the individual cited. This information is in the form of a web address (including in the document issued to the citizen), which has instructions and details specifics related to the compliment or complaint processes. It is believed that through these efforts, the community has been properly informed of the new policies and the complaint processes relevant to racial profiling. All Keller Police Officers have been instructed, as specified in the Texas Racial Profiling Law, to adhere to all Texas Commission on Law Enforcement (TCOLE) training and the Law Enforcement Management Institute of Texas (LEMIT) requirements. To date, all sworn officers of the Keller Police Department have completed the TCOLE basic training on racial profiling. The main outline used to train the officers of Keller has been included in this report. It is important to recognize that the Chief of the Keller Police Department has also met the training requirements, as specified by the Texas Racial Profiling Law, in the completion of the LEMIT program on racial profiling. The satisfactory completion of the racial profiling training by the sworn personnel of the Keller Police Department fulfills the training requirement as specified in the Education Code (96.641) of the Texas Racial Profiling Law. Ae RACIAL PROFILINIS COURSE NUMBER 3256 TEXAS COMMISSION ON LAW ENFORCEMENT SEPTEMBER 2001 Racial Profiling 3256 Instructor's Note: You may wish to teach this course in conjunction with Asset Forfeiture 3255 because of the related subject matter and applicability of the courses. If this course is taught in conjunction with Asset Forfeiture, you may report it under Combined Profiling and Forfeiture 3257 to reduce data entry. Abstract This instructor guide is designed to meet the educational requirement for racial profiling established by legislative mandate: 77R-SB1074. Target Population: Licensed law enforcement personnel in Texas Prerequisites: Experience as a law enforcement officer Length of Course: A suggested instructional time of 4 hours Material Requirements: Overhead projector, chalkboard and/or flip charts, video tape player, handouts, practical exercises, and demonstrations Instructor Qualifications: Instructors should be very knowledgeable about traffic stop procedures and law enforcement issues Evaluation Process and Procedures An examination should be given. The instructor may decide upon the nature and content of the examination. It must, however, sufficiently demonstrate the mastery of the subject content by the student. Reference Materials Reference materials are located at the end of the course. An electronic copy of this instructor guide may be downloaded from our web site at http://www.tcleose.state.tx.us. Racial Profiling 3256 1.0 RACIAL PROFILING AND THE LAW 1.1 UNIT GOAL: The student will be able to identify the legal aspects of racial profiling. 1.1.1 LEARNING OBJECTIVE: The student will be able to identify the legislative requirements placed upon peace officers and law enforcement agencies regarding racial profiling. Racial Profiling Requirements: Racial profiling CCP 3.05 Racial profiling prohibited CCP 2.131 Law enforcement policy on racial profiling CCP 2.132 Reports required for traffic and pedestrian stops CCP 2.133 Liability CCP 2.136 Racial profiling education for police chiefs Education Code 96.641 Training program Occupations Code 1701.253 Training required for intermediate certificate Occupations Code 1701.402 Definition of "race or ethnicity" for form Transportation Code 543.202 A. Written departmental policies 1. Definition of what constitutes racial profiling 2. Prohibition of racial profiling 3. Complaint process 4. Public education 5. Corrective action 6. Collection of traffic -stop statistics 7. Annual reports B. Not prima facie evidence C. Feasibility of use of video equipment D. Data does not identify officer E. Copy of complaint -related video evidence to officer in question F. Vehicle stop report 1. Physical description of detainees: gender, race or ethnicity 2. Alleged violation 3. Consent to search 4. Contraband 5. Facts supporting probable cause 6. Arrest 7. Warning or citation issued G. Compilation and analysis of data H. Exemption from reporting - audio/video equipment I. Officer non -liability J. Funding K. Required training in racial profiling 1. Police chiefs 2. All holders of intermediate certificates and/or two -year -old licenses as of 09/01/2001 (training to be completed no later than 09/01 /2003) - see legislation 77R-SB1074 1.1.2 LEARNING OBJECTIVE: The student will become familiar with Supreme Court decisions and other court decisions involving appropriate actions in traffic stops. A. Whren v. United States, 517 U.S. 806,116 S.Ct. 1769 (1996) 1. Motor vehicle search exemption 2. Traffic violation acceptable as pretext for further investigation 3. Selective enforcement can be challenged B. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868 (1968) 1. Stop & Frisk doctrine 2. Stopping and briefly detaining a person 3. Frisk and pat down C. Other cases 1. Pennsylvania v. Mimms, 434 U.S. 106, 98 S.Ct. 330 (1977) 2. Maryland v. Wilson, 117 S.Ct. 882 (1997) 3. Graham v. State, 119 MdApp 444, 705 A.2d 82 (1998) 4. Pryor v. State, 122 MdApp. 671 (1997) cert. denied 352 Md. 312, 721 A.2d 990 (1998) 5. Ferris v. State, 355 Md. 356, 735 A.2d 491 (1999) 6. New York v. Belton, 453 U.S. 454 (1981) 2.0 RACIAL PROFILING AND THE COMMUNITY 2.1 UNIT GOAL: The student will be able to identify logical and social arguments against racial profiling. 2.1.1 LEARNING OBJECTIVE: The student will be able to identify logical and social arguments against racial profiling. A. There are appropriate reasons for unusual traffic stops (suspicious behavior, the officer's intuition, MOs, etc.), but police work must stop short of cultural stereotyping and racism. B. Racial profiling would result in criminal arrests, but only because it would target all members of a race randomly - the minor benefits would be far outweighed by the distrust and anger towards law enforcement by minorities and the public as a whole . C. Racial profiling is self-fulfilling bad logic: if you believed that minorities committed more crimes, then you might look for more minority criminals, and find them in disproportionate numbers. D. Inappropriate traffic stops generate suspicion and antagonism towards officers and make future stops more volatile - a racially -based stop today can throw suspicion on tomorrow's legitimate stop. E. By focusing on race, you would not only be harassing innocent citizens, but overlooking criminals of all races and backgrounds - it is a waste of law enforcement resources. 3.0 RACIAL PROFILING VERSUS REASONABLE SUSPICION 3.1 UNIT GOAL: The student will be able to identify the elements of both inappropriate and appropriate traffic stops. 3.1.1 LEARNING OBJECTIVE: The student will be able to identify elements of a racially motivated traffic stop. A. Most race -based complaints come from vehicle stops, often since race is used as an inappropriate substitute for drug courier profile elements B. "DWB" - "Driving While Black" - a nickname for the public perception that a Black person may be stopped solely because of their race (especially with the suspicion that they are a drug courier), often extended to other minority groups or activities as well ("Driving While Brown," "Flying While Black," etc.) C. A typical traffic stop resulting from racial profiling 1. The vehicle is stopped on the basis of a minor or contrived traffic violation which is used as a pretext for closer inspection of the vehicle, driver, and passengers 2. The driver and passengers are questioned about things that do not relate to the traffic violation 3. The driver and passengers are ordered out of the vehicle 4. The officers visually check all observable parts of the vehicle 5. The officers proceed on the assumption that drug courier work is involved by detaining the driver and passengers by the roadside 6. The driver is asked to consent to a vehicle search - if the driver refuses, the officers use other procedures (waiting on a canine unit, criminal record checks, license -plate checks, etc.), and intimidate the driver (with the threat of detaining him/her, obtaining a warrant, etc.) 3.1.2 LEARNING OBJECTIVE: The student will be able to identify elements of a traffic stop which would constitute reasonable suspicion of drug courier activity. A. Drug courier profile (adapted from a profile developed by the DEA) 1. Driver is nervous or anxious beyond the ordinary anxiety and cultural communication styles 2. Signs of long-term driving (driver is unshaven, has empty food containers, etc.) 3. Vehicle is rented 4. Driver is a young male, 20-35 5. No visible luggage, even though driver is traveling 6. Driver was over -reckless or over -cautious in driving and responding to signals 7. Use of air fresheners B. Drug courier activity indicators by themselves are usually not sufficient to justify a stop 3.1.3 LEARNING OBJECTIVE: The student will be able to identify elements of a traffic stop which could constitute reasonable suspicion of criminal activity. A. Thinking about the totality of circumstances in a vehicle stop B. Vehicle exterior 1. Non-standard repainting (esp. on a new vehicle) 2. Signs of hidden cargo (heavy weight in trunk, windows do not roll down, etc.) 3. Unusual license plate suggesting a switch (dirty plate, bugs on back plate, etc.) 4. Unusual circumstances (pulling a camper at night, kids' bikes with no kids, etc.) C. Pre -stop indicators 1. Not consistent with traffic flow 2. Driver is overly cautious, or driver/passengers repeatedly look at police car 3. Driver begins using a car- or cell -phone when signaled to stop 4. Unusual pull -over behavior (ignores signals, hesitates, pulls onto new street, moves objects in car, etc.) D. Vehicle interior 1. Rear seat or interior panels have been opened, there are tools or spare tire, etc. 2. Inconsistent items (anti -theft club with a rental, unexpected luggage, etc.) Resources Proactive Field Stops Training Unit - Instructor's Guide, Maryland Police and Correctional Training Commissions, 2001. (See Appendix A.) Web address for legislation 77R-SB1074: http://tlo2.tic.state.tx.us/tlo/77r/billtext/SB01074F.htm je Report on Complaints The following table contains data regarding officers that have been the subject of a complaint, during the time period of 1/1/21-12/31/21 based on allegations outlining possible violations related to the Texas Racial Profiling Law. The final disposition of the case is also included. F-I A check above indicates that the Keller Police Department has not received any complaints, on any members of its police force, for having violated the Texas Racial Profiling Law during the time period of 1 /1 /21-12/31 /21. Complaints Filed for Possible Violations of The Texas Racial Profiling Law Complaint Number 001 Alleged Violation Racial Profiling Disposition of the Case Unfounded 002 Racial Profiling Unfounded 003 Racial Profiling Unfounded 004 Racial Profiling Not Sustained 005 Racial Profiling Unfounded itional Comments: TOTAL STOPS: 21,507 STREET ADDRESS OR APPROXIMATE LOCATION OF STOP. City Street 11,859 US Highway 4,377 County Road 387 State Highway 4,797 Private Property 87 A* d:1►114 111 Wd.114 191TA 0 it a 1.1I.1 I t631141 to] 2i Yes 284 No 21,223 RACE OR ETHNICITY Alaska Native/American Indian 165 Asian/Pacific Islander 1,208 Black 3,103 White 13,561 Hispanic/Latino 3,470 GENDER Female Total: 8,325 Alaska Native/American Indian 52 Asian/Pacific Islander 412 Black 1,119 White 5,633 Hispanic/Latino 1,109 Male Total: 13,182 Alaska Native/American Indian 113 Asian/Pacific Islander 796 Black 1,984 White 7,928 Hispanic/Latino 2,361 REASON FOR STOP? Violation of Law Total: 244 Alaska Native/American Indian 2 Asian/Pacific Islander 3 Black 20 White 186 Hispanic/Latino 33 Pre-existing Knowledge Total: 71 Alaska Native/American Indian 0 Asian/Pacific Islander 2 Black 14 White 40 Hispanic/Latino 15 Moving Traffic Violation Total: 17,068 Alaska Native/American Indian 139 Asian/Pacific Islander 980 Black 2,481 White 10,761 Hispanic/Latino 2,707 Vehicle Traffic Violation Total: 4,124 Contraband (in plain view) Total: 33 Alaska Native/American Indian 24 Asian/Pacific Islander 223 Black 588 White 2,574 Hispanic/Latino 715 Alaska Native/American Indian 0 Asian/Pacific Islander 1 Black 0 White 22 Hispanic/Latino 10 WAS SEARCH CONDUCTED? Probable Cause Total: 295 Alaska Native/American Indian YES 2 NO 163 Asian/Pacific Islander 8 1,200 Black 123 2,980 White 222 13,339 Hispanic/Latino TOTAL 94 449 3,376 21,058 REASON FOR SEARCH? Consent Total: 35 Alaska Native/American Indian 0 Asian/Pacific Islander 1 Black 6 White 22 Hispanic/Latino 6 Alaska Native/American Indian 2 Asian/Pacific Islander 5 Black 110 White 118 Hispanic/Latino 60 Inventory Total: 8 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 1 White 5 Hispanic/Latino 2 Incident to arrest Total: 78 Alaska Native/American Indian 0 Asian/Pacific Islander 1 Black 6 White 55 Hispanic/Latino 16 WAS CONTRABAND DISCOVERED? DESCRIPTION OF CONTRABAND Alaska Native/American Indian YES 1 NO 1 Asian/Pacific Islander 7 1 Black 84 39 White 154 68 Hispanic/Latino TOTAL 66 312 28 137 Did the finding result in arrest (total should equal previous column)? Alaska Native/American Indian YES 0 NO 1 Asian/Pacific Islander 1 6 Black 8 76 White 16 138 Hispanic/Latino TOTAL 10 35 56 277 Drugs Total: 223 Alaska Native/American Indian 1 Asian/Pacific Islander 5 Black 66 White 98 Hispanic/Latino 53 Currency Total: 6 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 0 White 1 Hispanic/Latino 5 Weapons Total: 19 Alaska Native/American Indian 0 Asian/Pacific Islander 2 Black 6 White 7 Hispanic/Latino 4 Alcohol Total: 49 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 8 White 32 Hispanic/Latino 9 Stolen Property Total: 1 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 0 White 1 Hispanic/Latino 0 Other Total: 75 Alaska Native/American Indian 0 Asian/Pacific Islander 3 Black 17 White 42 Hispanic/Latino 13 11.1*4MN111111912d:1*1%]� Verbal Warning Total: 11 Alaska Native/American Indian 2 Asian/Pacific Islander 0 Black 2 White 7 Hispanic/Latino 0 Written Warning Total: 13,501 Alaska Native/American Indian 123 Asian/Pacific Islander 768 Black 1,871 White 8,944 Hispanic/Latino 1,795 Citation Total: 7,884 Alaska Native/American Indian 40 Asian/Pacific Islander 436 Black 1,219 White 4,542 Hispanic/Latino 1,647 Written Warning and Arrest Total: 60 Alaska Native/American Indian 0 Asian/Pacific Islander 3 Black 4 White 40 Hispanic/Latino 13 Citation and Arrest Total: 51 Alaska Native/American Indian 0 Asian/Pacific Islander 1 Black 7 White 28 Hispanic/Latino 15 Arrest Total: 0 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 0 White 0 Hispanic/Latino 0 ARREST BASED ON Violation of Penal Code Total: 104 Alaska Native/American Indian 0 Asian/Pacific Islander 4 Black 9 White 64 Hispanic/Latino 27 Violation of Traffic Law Total: 0 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 0 White 0 Hispanic/Latino 0 Violation of City Ordinance Total: 0 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 0 White 0 Hispanic/Latino 0 Outstanding Warrant Total: 7 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 2 White 4 Hispanic/Latino 1 Was physical force used resulting in bodily injury during the stop? Alaska Native/American Indian YES 0 NO 165 Asian/Pacific Islander 0 1,208 Black 0 3,103 White 1 13,560 Hispanic/Latino TOTAL 0 1 3,470 21,506 +laiii3: Table 1. Citations and Warnings Race/ All Citations Verbal Written Contact Citation Verbal Written Ethnicity Contacts Warning Warning Percent Percent Percent Percent Alaska 165 40 2 123 1 % 1 % 18% 1 % Native/ American Indian Asian/ 1,208 437 0 768 6% 6% 0% 6% Pacific Islander Black 3,103 1,226 2 1,871 14% 15% 18% 14% White 13,561 41570 7 8,944 63% 58% 64% 66% Hispanic/ 3,470 1,662 0 1,795 16% 21% 0% 13% Latino TOTAL 21,507 7,935 11 13,501 100% 100% 100% 100% Table 2. Motor Vehicle Contacts and Fair Roads Standard Comparison Comparison of motor vehicle -related contacts with households that have vehicle access. Race/Ethnicity Alaska Native/American Indian Contact Percentage 1 % Households with Vehicle Access 0% Asian/Pacific Islander 6% 2% Black 14% 14% White 63% 60% Hispanic/Latino TOTAL 16% 100% 19% 95% Table 3. Motor Vehicle Searches and Arrests. Race/Ethnicity Alaska Native/American Indian Searches 2 Consent Searches 0 Arrests 0 Asian/Pacific Islander 8 1 4 Black 123 6 11 White 222 22 68 Hispanic/Latino TOTAL 94 449 6 35 28 ill Table 4. Instances Where Peace Officers Used Physical Force Resulting in Bodily Injury Instances Where Peace Officers Used Physical Force that Resulted in Bodily Injury 1 Arrest 06.19.21 Location of Stop 248 Johnson Road Reason for Stop Driving While Intoxicated Table 5. Search Data Race/ Searches Contraband Contraband Arrests Percent Percent Percent No Percent Ethnicity Found Yes Found No Searches Contraband Contraband Arrest Found Alaska 2 1 1 0 0% 0% 1% 0% Native/ American Indian Asian/ 8 7 1 4 2% 2% 1% 4% Pacific Islander Black 123 84 39 11 27% 27% 28% 10% White 222 154 68 68 49% 49% 50% 61 % Hispanic/ 94 66 28 28 21 % 21 % 20% 25% Latino TOTAL !!449 312 137 111 100% 1 1007 100% 100% Table 6. Report on Audits. The following table contains data regarding the number and outcome of required data audits during the period of 1 /1 /21-12/31 /21. Audit Data Number of Data Audits Completed 1 Date of Completion 03/01 /21 Outcome of Audit Data is accurate 2 06/01 /21 Data is accurate 3 09/01/21 Data is accurate 4 12/01 /21 Data is accurate ADDITIONAL COMMENTS: Table 7. Instance Where Force Resulted in Bodily Injury. Race/Ethnicity Alaska Native/American Indian Number 0 Percent 0% Asian/Pacific Islander 0 0% Black 0 0% White 1 100% Hispanic/Latino TOTAL 0 1 0% 100% Table 8. Reason for Arrests from Vehicle Contact Race/ Violation Violation Violation Outstanding Percent Percent Percent Percent Ethnicity of Penal of Traffic of City Warrant Penal Traffic City Warrant Code Law Ordinance Code Law Ordinance Alaska 0 0 0 0 0% 0% 0% 0% Native/ American Indian Asian/ 4 0 0 0 4% 0% 0% 0% Pacific Islander Black 9 0 0 2 9% 0% 0% 29% White 64 0 0 4 62% 0% 0% 57% Hispanic/ 17 0 0 1 26% 0% 0% 14% Latino r 104 0 0 7 100% 0% 0% 100% Table 9. Contraband Hit Rate Race/ Ethnicity Searches Contraband Contraband Search Contraband Found Yes Hit Rate Percent Percent Alaska Native/ 2 1 50% 0% 0% American Indian Asian/ Pacific 8 7 88% 2% 2% Islander Black 123 84 68% 27% 27% White 222 154 69% 49% 49% Hispanic/Latino 94 66 70% 21 % 21 % MW a ANALYSIS AND INTERPRETATION The Texas legislature, in 2001, passed Senate Bill 1074 which became the Texas Racial Profiling Law. This particular law came into effect on January 1, 2002 and required all police departments in Texas, to collect traffic -related data and report this information to their local governing authority by March 1st of each year. This law remained in place until 2009, when it was modified to include the collection and reporting of all motor vehicle related contacts where a citation was issued or an arrest made. Further, the modification to the law further requires that all police officers indicate whether or not they knew the race or ethnicity of individuals before detaining them. Further, it became a requirement that agencies report motor vehicle related data to their local governing authority and to the Texas Commission on Law Enforcement (TCOLE) by March 1 st of each year. The purpose in collecting and disclosing this information has been to determine if police officers, in a particular municipality, are engaging in the practice of racially profiling minority motorists. In addition, the Texas Racial Profiling Law requires police departments to interpret motor vehicle -related data. Even though most researchers would probably agree with the fact that it is within the confines of good practice for police departments to be accountable to the citizenry while carrying a transparent image before the community, it is very difficult to determine if individual police officers are engaging in racial profiling, from a review and analysis of aggregate/institutional data. In other words, it is challenging for a reputable researcher to identify specific "individual" racist behavior from aggregate -level "institutional" data on traffic or motor vehicle -related contacts. As mentioned earlier, in 2009, the Texas Legislature passed House Bill 3389, which modified the Racial Profiling Law by adding new requirements; this took effect on January 1st, 2010. These changes included, but are were not limited to, the re -definition of a contact to include motor vehicles where a citation was issued or an arrest made. In addition, it required police officers to indicate if they knew the race or ethnicity of the individual before detaining them. Also, the 2009 law required adding "middle eastern" to the racial and ethnic category and submitting the annual data report to TCOLE before March 1 st of each year. In 2017, the Texas Legislators passed H.B. 3051 which removed the Middle Eastern data requirement while standardizing the racial and ethnic categories relevant to the individuals that came in contact with the police. In addition, the Sandra Bland Act (S.B. 1849) was passed and became law. Thus, the most significant legislative mandate (Sandra Bland Act) in Texas history regarding data requirements on law enforcement contacts, became law and took effect on January 1, 2018. The Sandra Bland Act not only currently requires the extensive collection of data relevant to police motor vehicle contacts, but it also mandates for the data to be analyzed while addressing the following: 1. A comparative analysis of the information compiled (under Article 2.133): a. Evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities; b. Examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of the affected persons, as appropriate, including any searches resulting from stops within the applicable jurisdiction; c. Evaluate and compare the number of searches resulting from motor vehicle stops within the applicable jurisdiction and whether contraband or other evidence was discovered in the course of those searches. 2. Information related to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. In an attempt to comply with The Texas Racial Profiling/Sandra Bland Law, the Keller Police Department commissioned the analysis of its 2021 contact data. Hence, two different types of data analyses were performed. The first of these involved a careful evaluation of the 2021 motor vehicle -related data. This particular analysis measured, as required by the law, the number and percentage of Whites, Blacks, Hispanics or Latinos, Asians and Pacific Islanders, Alaska Natives and American Indians (Middle Easterners and individuals belonging to the 'other" category, as optional categories), that came in contact with the police in the course of a motor vehicle related contact, and were either issued a ticket, citation, warning were issued or an arrest was made. Also, included in this data were instances where a motor vehicle contact took place for an alleged violation of the law or ordinance. The Tier 2 data analysis included, but was not limited to, information relevant to the number and percentage of contacts by race/ethnicity, gender, reason for the stop, location of stop, searches while indicating the type of search performed, result of stop, basis of an arrest and use of physical force resulting in bodily injury. It should be noted that the additional data analysis performed was based on a comparison of the 2021 motor vehicle contact data with a specific baseline. When reviewing this particular analysis, one should consider that there is disagreement, in the literature, regarding the appropriate baseline to be used when analyzing motor vehicle -related contact information. Of the baseline measures available, the Keller Police Department accepted our recommendation to rely, as a baseline measure, on the Fair Roads Standard. This particular baseline is based on data obtained through the U.S. Census Bureau (2020) relevant to the number of households that have access to vehicles while controlling for the race and ethnicity of the heads of households. The census data presents challenges to any effort made at establishing a fair and accurate racial profiling analysis. That is, census data contains information on all residents of a particular community, regardless of the fact they may or may not be among the driving population. Further, census data, when used as a baseline of comparison, presents the challenge that it captures information related to city residents only. Thus, excluding individuals who may have come in contact with the Keller Police Department in 2021 but live outside city limits. In some cases, the percentage of the population that comes in contact with the police but lives outside city limits represents a substantial volume of all motor vehicle -related contacts made in a given year. In 2002, several civil rights groups in Texas expressed their desire and made recommendations to the effect that all police departments should rely, in their data analysis, on the Fair Roads Standard. This source contains census data specific to the number of "households" that have access to vehicles. Thus, proposing to compare "households" (which may have multiple residents and only a few vehicles) with "contacts" (an individual -based count). This, in essence, constitutes a comparison that may result in ecological fallacy. Despite this, as noted earlier, the Keller Police Department accepted the recommendation to utilize this form of comparison (i.e., census data relevant to households with vehicles) in an attempt to demonstrate its "good will" and "transparency" before the community. Thus, the Fair Roads Standard data obtained and used in this study is specifically relevant to the Dallas Fort -Worth (DFW) Metroplex. Tier 2 (2021) Motor Vehicle -Related Contact Analysis When analyzing the enhanced and more detailed Tier 2 data collected in 2021, it was evident that most motor vehicle -related contacts were made with Whites. This was followed by Hispanics. Of those that came in contact with the police, most tickets or citations were issued to Whites and Hispanics; this was followed by Blacks. However, in terms of written warnings, most of these were issued to Whites; followed by Blacks. Regarding searches and arrests, the data showed that most searches took place among Whites. When considering all searches, most were consented by Whites, while most custody arrests were also of Whites. Overall, most searches resulted in contraband; of those that produced contraband, most were of Whites; this was followed by Blacks. Of the searches that did not produce contraband, most were of Whites. Most arrests were made on Whites. Most of the arrests that originated from a violation of the penal code involved Whites. Overall, the police department reports one (1) instance where force was used that resulted in bodily injury. Comparative Analysis The data analysis of motor vehicle contacts to the census data relevant to the number of "households" in DFW who indicated, in the 2020 census, that they had access to vehicles, produced interesting findings. Specifically, the percentage of Blacks and Hispanics that came in contact with the police was the same or lower than the percentage of Black and Hispanic households in DFW that claimed, in the 2020 census, to have access to vehicles. The opposite was true of Whites, Asians, and American Indians. That is, a higher percentage of Whites, Asians, and American Indians came in contact with the police than the percentage of White, Asian, and American Indian households in DFW that claimed, in the 2020 census, to have access to vehicles. It should be noted that the percentage difference among White, Asian, and American Indian contacts with households is of 3% or less; thus, deemed by some as being statistically insignificant. The analysis of the searches resulting in contraband shows that the most significant contraband hit rate is of Asians. This was followed by Whites. This means that among all searches performed in 2021, the most significant percentage of these that resulted in contraband was among Asians. The lowest contraband hit rate was among American Indians. Summary of Findings The most recent Texas Racial Profiling Law requires that police department perform data audits in order to validate the data being reported. Consistent with this requirement, the Keller Police Department has engaged del Carmen Consulting in order to perform these audits in a manner consistent with normative statistical practices. As shown in table 6, the audit performed has shown that the data is valid and reliable. Further, as required by law, this report also includes an analysis on the searches performed. This analysis includes information on whether contraband was found as a result of the search while controlling for race/ethnicity. The search analysis demonstrates that the police department is engaging in search practices consistent with national trends in law enforcement. While considering the findings made in this analysis, it is recommended that the Keller Police Department should continue to collect and evaluate additional information on motor vehicle contact data (i.e., reason for probable cause searches, contraband detected) which may prove to be useful when determining the nature of the contacts police officers are making with all individuals. As part of this effort, the Keller Police Department should continue to: 1) Perform an independent analysis on contact and search data in future years. 2) Commission data audits in 2022 in order to assess data integrity; that is, to ensure that the data collected is consistent with the data being reported. The comprehensive analysis of the data included in this report demonstrates that the Keller Police Department has complied with the Texas Racial Profiling Law and all of its requirements. Further, the report demonstrates that the police department has incorporated a comprehensive racial profiling policy, currently offers information to the public on how to file a compliment or complaint, commissions quarterly data audits in order to ensure validity and reliability, collects and commissions the analysis of tier 2 data, and ensures that the practice of racial profiling will not be tolerated. CHECKLIST The following requirements were met by the Keller Police Department in accordance with The Texas Racial Profiling Law: N(Implement a Racial Profiling Policy citing act or actions that constitute racial rofi ling. Include in the racial profiling policy, a statement indicating prohibition of any peace officer employed by the Keller Police Department from engaging in racial profiling. N(Implement a process by which an individual may file a complaint regarding racial profiling violations. [Provide public education related to the compliment and complaint process. FIKImplement disciplinary guidelines for officers found in violation of the Texas Racial Profiling Law. Collect, report and analyze motor vehicle data (Tier 2). Commission Data Audits and a Search Analysis. [C FRKIndicate total number of officers who knew and did not know, the race/ethnicity of individuals before being detained. [Produce an annual report on police contacts (Tier 2) and present this to the local governing body and TCOLE by March 1, 2022. ' '11 ) )f I Adopt a policy, if video/audio equipment is installed, on standards for reviewing video and audio documentation. V 27 r L � LEGISLATIVE &ADMINISTRATIVE ADDENDUM ry Via roaaaa Lz, E7. - - to sa 19 Im 14. TCOLE GUIDELINES Guidelines for Compiling and Reporting Data under Senate Bill 1074 Background Senate Bill 1074 of the 77' Legislature established requirements in the Texas Code of Criminal Procedure (TCCP) for law enforcement agencies. The Commission developed this document to assist agencies in complying with the statutory requirements. The guidelines are written in the form of standards using a style developed from accreditation organizations including the Commission on Accreditation for Law Enforcement Agencies (CALEA). The standards provide a description of what must be accomplished by an agency but allows wide latitude in determining how the agency will achieve compliance with each applicable standard. Each standard is composed of two parts: the standard statement and the commentary. The standard statement is a declarative sentence that places a clear-cut requirement, or multiple requirements, on an agency. The commentary supports the standard statement but is not binding. The commentary can serve as a prompt, as guidance to clarify the intent of the standard, or as an example of one possible way to comply with the standard. Standard 1 Each law enforcement agency has a detailed written directive that: • clearly defines acts that constitute racial profiling; • strictly prohibits peace officers employed by the agency from engaging in racial profiling; • implements a process by which an individual may file a complaint with the agency if the individual believes a peace officer employed by the agency has engaged in racial profiling with respect to the individual filing the complaint; • provides for public education relating to the complaint process; • requires appropriate corrective action to be taken against a peace officer employed by the agency who, after investigation, is shown to have engaged in racial profiling in violation of the agency's written racial profiling policy; and • requires the collection of certain types of data for subsequent reporting. Commentary Article 2.131 of the TCCP prohibits officers from engaging in racial profiling, and article 2.132 of the TCCP now requires a written policy that contains the elements listed in this standard. The article also specifically defines a law enforcement agency as it applies to this statute as an " agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make traffic stops in the routine performance of the officers' official duties." Wt The article further defines race or ethnicity as being of "a particular descent, including Caucasian, African, Hispanic, Asian, or Native American." The statute does not limit the required policies to just these ethnic groups. This written policy is to be adopted and implemented no later than January 1, 2002. Standard 2 Each peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic, or who stops a pedestrian for any suspected offense reports to the employing law enforcement agency information relating to the stop, to include: • a physical description of each person detained, including gender and the person's race or ethnicity, as stated by the person, or, if the person does not state a race or ethnicity, as determined by the officer's best judgment; • the traffic law or ordinance alleged to have been violated or the suspected offense; • whether the officer conducted a search as a result of the stop and, if so, whether the person stopped consented to the search; • whether any contraband was discovered in the course of the search, and the type of contraband discovered; • whether probable cause to search existed, and the facts supporting the existence of that probable cause; • whether the officer made an arrest as a result of the stop or the search, including a statement of the offense charged; • the street address or approximate location of the stop; and • whether the officer issued a warning or citation as a result of the stop, including a description of the warning or a statement of the violation charged. Commentary The information required by 2.133 TCCP is used to complete the agency reporting requirements found in Article 2.134. A peace officer and an agency may be exempted from this requirement under Article 2.135 TCCP Exemption for Agencies Using Video and Audio Equipment. An agency may be exempt from this reporting requirement by applying for the funds from the Department of Public Safety for video and audio equipment and the State does not supply those funds. Section 2.135 (a)(2) states, "the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection (a) (1) (A) and the agency does not receive from the state funds for video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose." Standard 3 The agency compiles the information collected under 2.132 and 2.133 and analyzes the information identified in 2.133. 30 Commentary Senate Bill 1074 from the 77t" Session of the Texas Legislature created requirements for law enforcement agencies to gather specific information and to report it to each county or municipality served. New sections of law were added to the Code of Criminal Procedure regarding the reporting of traffic and pedestrian stops. Detained is defined as when a person stopped is not free to leave. Article 2.134 TCCP requires the agency to compile and provide and analysis of the information collected by peace officer employed by the agency. The report is provided to the governing body of the municipality or county no later than March 1 of each year and covers the previous calendar year. There is data collection and reporting required based on Article 2.132 CCP (tier one) and Article 2.133 CCP (tier two). The minimum requirements for "tier one" data for traffic stops in which a citation results are: 1) the race or ethnicity of individual detained (race and ethnicity as defined by the bill means of "a particular descent, including Caucasian, African, Hispanic, Asian, or Native American"); 2) whether a search was conducted, and if there was a search, whether it was a consent search or a probable cause search; and 3) whether there was a custody arrest. The minimum requirements for reporting on "tier two" reports include traffic and pedestrian stops. Tier two data include: 1) the detained person's gender and race or ethnicity; 2) the type of law violation suspected, e.g., hazardous traffic, non -hazardous traffic, or other criminal investigation (the Texas Department of Public Safety publishes a categorization of traffic offenses into hazardous or non -hazardous); 3) whether a search was conducted, and if so whether it was based on consent or probable cause; 4) facts supporting probable cause; 5) the type, if any, of contraband that was collected; 6) disposition of the stop, e.g., arrest, ticket, warning, or release; 7) location of stop; and 8) statement of the charge, e.g., felony, misdemeanor, or traffic. Tier one reports are made to the governing body of each county or municipality served by the agency an annual report of information if the agency is an agency of a county, municipality, or other political subdivision of the state. Tier one and two reports are reported to the county or municipality not later than March 1 for the previous calendar year beginning March 1, 2003. Tier two reports include a comparative analysis between the race and ethnicity of persons detained to see if a differential pattern of treatment can be discerned based on the disposition of stops 31 including searches resulting from the stops. The reports also include information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. An agency may be exempt from the tier two reporting requirement by applying for the funds from the Department of Public Safety for video and audio equipment and the State does not supply those funds [See 2.135 (a)(2) TCCP]. Reports should include both raw numbers and percentages for each group. Caution should be exercised in interpreting the data involving percentages because of statistical distortions caused by very small numbers in any particular category, for example, if only one American Indian is stopped and searched, that stop would not provide an accurate comparison with 200 stops among Caucasians with 100 searches. In the first case, a 100% search rate would be skewed data when compared to a 50% rate for Caucasians. Standard 4 If a law enforcement agency has video and audio capabilities in motor vehicles regularly used for traffic stops, or audio capabilities on motorcycles regularly used to make traffic stops, the agency: • adopts standards for reviewing and retaining audio and video documentation; and • promptly provides a copy of the recording to a peace officer who is the subject of a complaint on written request by the officer. Commentary The agency should have a specific review and retention policy. Article 2.132 TCCP specifically requires that the peace officer be promptly provided with a copy of the audio or video recordings if the officer is the subject of a complaint and the officer makes a written request. Standard 5 Agencies that do not currently have video or audio equipment must examine the feasibility of installing such equipment. Commentary None Standard 6 Agencies that have video and audio recording capabilities are exempt from the reporting requirements of Article 2.134 TCCP and officers are exempt from the reporting requirements of Article 2.133 TCCP provided that: • the equipment was in place and used during the proceeding calendar year; and • video and audio documentation is retained for at least 90 days. Commentary The audio and video equipment and policy must have been in place during the previous calendar year. Audio and video documentation must be kept for at least 90 days or longer if a complaint has been filed. The documentation must be retained until the complaint is resolved. Peace officers are not exempt from the requirements under Article 2.132 TCCP. 32 Standard 7 Agencies have citation forms or other electronic media that comply with Section 543.202 of the Transportation Code. Commentary Senate Bill 1074 changed Section 543.202 of the Transportation Code requiring citations to include: • race or ethnicity, and • whether a search of the vehicle was conducted and whether consent for the search was obtained. 33 The Texas Law on Racial Profiling S.B. No. 1074 - An Act relating to the prevention of racial profiling by certain peace officers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by adding Articles 2.131 through 2.138 to read as follows: Art. 2.131. RACIAL PROFILING PROHIBITED. A Deace officer may not enRaae in racial DrofilinR. Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a) In this article: (1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make traffic stops in the routine performance of the officers' official duties. (2) "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, or Native American descent. (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's complaint process; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to traffic stops in which a citation is issued and to arrests resulting from those traffic stops, including information relating to: (A) the race or ethnicity of the individual detained; and (B) whether a search was conducted and, if so, whether the person detained consented to the search; and (7) require the agency to submit to the governing body of each county or municipality served by the agency an annual report of the information collected under Subdivision (6) if the agency is an agency of a county, municipality, or other political subdivision of the state. (c) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter -activated equipment in each agency law enforcement motor vehicle regularly used to make traffic stops and transmitter -activated equipment in each agency law enforcement motorcycle regularly used to make traffic stops. If a law enforcement a.Rencv installs video or audio eauipment as Drovided by this subsection, the 34 policy adopted by the agency under Subsection (b) must include standards for reviewing video and audio documentation. (e) A report required under Subsection (b)(7) may not include identifying information about a peace officer who makes a traffic stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the collection of information as required by a policy under Subsection (b)(6). (f) On the commencement of an investigation by a law enforcement agency of a complaint described by Subsection (b)(3) in which a video or audio recording of the occurrence on which the complaint is based was made, the agency shall promptly provide a copy of the recording to the peace officer who is the subject of the complaint on written request by the nffirPr Art. 2.133. REPORTS REQUIRED FOR TRAFFIC AND PEDESTRIAN STOPS. (a) In this article: (1) "Race or ethnicity" has the meaning assigned by Article 2.132(a). (2) "Pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not unrlar arract (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic or who stops a pedestrian for any suspected offense shall report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of each person detained as a result of the stop, including: (A) the person's gender; and (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the traffic law or ordinance alleged to have been violated or the suspected offense; (3) whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; (4) whether any contraband was discovered in the course of the search and the type of contraband discovered; (5) whether probable cause to search existed and the facts supporting the existence of that probable cause; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of the offense charged; (7) the street address or approximate location of the stop; and (8) whether the officer issued a warning or a citation as a result of the stop, including a description of the warning or a statement of the violation charged. Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED. (a) In this article, "pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. (b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. Not later than March 1 of each year, each local law enforcement aaencv shall submit a report containin.Q the information compiled 35 during the previous calendar year to the governing body of each county or municipality served by the agency in a manner approved by the agency. (c) A report required under Subsection (b) must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) determine the prevalence of racial profiling by peace officers employed by the agency; and (B) examine the disposition of traffic and pedestrian stops made by officers employed by the agency, including searches resulting from the stops; and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. (d) A report required under Subsection (b) may not include identifying information about a peace officer who makes a traffic or pedestrian stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2.133(b)(1). (e) The Commission on Law Enforcement Officer Standards and Education shall develop guidelines for compiling and reporting information as required by this article. (f) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. Art. 2.135. EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting requirement under Article 2.133 and a law enforcement agency is exempt from the compilation, analysis, and reporting requirements under Article 2.134 if: (1) during the calendar year preceding the date that a report under Article 2.134 is required to be submitted: (A) each law enforcement motor vehicle regularly used by an officer employed by the agency to make traffic and pedestrian stops is equipped with video camera and transmitter -activated equipment and each law enforcement motorcycle regularly used to make traffic and pedestrian stops is equipped with transmitter -activated equipment; and (B) each traffic and pedestrian stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio equipment, as appropriate, is recorded by using the equipment; or (2) the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection (a)(1)(A) and the agency does not receive from the state funds or video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose. (b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt from the requirements under Article 2.134 shall retain the video and audio or audio documentation of each traffic and pedestrian stop for at least 90 days after the date of the stop. If a complaint is filed with the law enforcement agency alleging that a peace officer employed by the agency has engaged in racial profiling with respect to a traffic or pedestrian stop, the agency shall retain the video and audio or audio record of the stop until final disposition of the complaint. 36 (c) This article does not affect the collection or reporting requirements under Article 2.132. Art. 2.136. LIABILITY. A peace officer is not liable for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 or under a policy adopted under Article 2.132. Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), including specifying criteria to prioritize funding or equipment provided to law enforcement agencies. The criteria may include consideration of tax effort, financial hardship, available revenue, and budget surpluses. The criteria must give priority to: (1) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement; (2) smaller jurisdictions; and (3) municipal and county law enforcement agencies. (b) The Department of Public Safety shall collaborate with an institution of higher education to identify law enforcement agencies that need funds or video and audio equipment for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A). The collaboration may include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies. (c) To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. (d) On receipt of funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency has installed video and audio equipment as described by Article 2.135(a)(1)(A) and is using the equipment as required by Article 2.135(a)(1). Art. 2.138. RULES. The Department of Public Safety may adopt rules to implement Articles 2.131-2.137. SECTION 2. Chapter 3, Code of Criminal Procedure, is amended by adding Article 3.05 to read as follows: Art. 3.05. RACIAL PROFILING. In this code, "racial profiling" means a law enforcement -initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. 37 SECTION 3. Section 96.641, Education Code, is amended by adding Subsection (j) to read as follows: (i) As part of the initial training and continuing education for police chiefs required under this section, the institute shall establish a program on racial profiling. The program must include an examination of the best practices for: (1) monitoring peace officers' compliance with laws and internal agency policies relating to racial profiling; (2) implementing laws and internal agency policies relating to preventing racial profiling; and 3) analvzin2 and reaortina collected information. SECTION 4. Section 1701.253, Occupations Code, is amended by adding Subsection (e) to read as follows: e) As Bart of the minimum curriculum reauirements. the commission shall establish a statewide comprehensive education and training program on racial profiling for officers licensed under this chapter. An officer shall complete a program established under this subsection not later than the second anniversary of the date the officer is licensed under this chapter or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. SECTION 5. Section 1701.402, Occupations Code, is amended by adding Subsection (d) to read as follows: (d) As a requirement for an intermediate proficiency certificate, an officer must complete an education and training Dro2ram on racial DrofilinR established by the commission under Section 1701.253(e). SECTION 6. Section 543.202, Transportation Code, is amended to read as follows: Sec. 543.202. FORM OF RECORD. (a) In this section, "race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, or Native American descent. The record must be made on a form or by a data processing method acceptable to the department and must include: (1) the name, address, physical description, including race or ethnicity, date of birth, and driver's license number of the person charged; (2) the registration number of the vehicle involved; (3) whether the vehicle was a commercial motor vehicle as defined by Chapter 522 or was involved in transporting hazardous materials; (4) the person's social security number, if the person was operating a commercial motor vehicle or was the holder of a commercial driver's license or commercial driver learner's permit; (5) the date and nature of the offense, including whether the offense was a serious traffic violation as defined by Chapter 522; 38 (6) whether a search of the vehicle was conducted and whether consent for the search was obtained; (7) the plea, the judgment, and whether bail was forfeited; (8) [M] the date of conviction; and (9) [t84] the amount of the fine or forfeiture. SECTION 7. Not later than January 1, 2002, a law enforcement agency shall adopt and implement a policy and begin collecting information under the policy as required by Article 2.132, Code of Criminal Procedure, as added by this Act. A local law enforcement agency shall first submit information to the governing body of each county or municipality served by the agency as required by Article 2.132, Code of Criminal Procedure, as added by this Act, on March 1, 2003. The first submission of information shall consist of information compiled by the agency during the period beginning January 1, 2002, and ending December 31, 2002. SECTION 8. A local law enforcement agency shall first submit information to the governing body of each county or municipality served by the agency as required by Article 2.134, Code of Criminal Procedure, as added by this Act, on March 1, 2004. The first submission of information shall consist of information compiled by the agency during the period beginning January 1, 2003, and ending December 31, 2003. SECTION 9. Not later than January 1, 2002: (1) the Commission on Law Enforcement Officer Standards and Education shall establish an education and training program on racial profiling as required by Subsection (e), Section 1701.253, Occupations Code, as added by this Act; and (2) the Bill Blackwood Law Enforcement Management Institute of Texas shall establish a program on racial profiling as required by Subsection (j), Section 96.641, Education Code, as added by this Act. SECTION 10. A person who on the effective date of this Act holds an intermediate proficiency certificate issued by the Commission on Law Enforcement Officer Standards and Education or has held a peace officer license issued by the Commission on Law Enforcement Officer Standards and Education for at least two years shall complete an education and training program on racial profiling established under Subsection (e), Section 1701.253, Occupations Code, as added by this Act, not later than September 1, 2003. SECTION 11. An individual appointed or elected as a police chief before the effective date of this Act shall complete a program on racial profiling established under Subsection (j), Section 96.641, Education Code, as added by this Act, not later than September 1, 2003. SECTION 12. This Act takes effect September 1, 2001 President of the Senate Speaker of the House 39 I hereby certify that S.B. No. 1074 passed the Senate on April 4, 2001, by the following vote: Yeas 28, Nays 2; May 21, 2001, Senate refused to concur in House amendments and requested appointment of Conference Committee; May 22, 2001, House granted request of the Senate; May 24, 2001, Senate adopted Conference Committee Report by a viva-voce vote. Secretary of the Senate I hereby certify that S.B. No. 1074 passed the House, with amendments, on May 15, 2001, by a non -record vote; May 22, 2001, House granted request of the Senate for appointment of Conference Committee; May 24, 2001, House adopted Conference Committee Report by a non -record vote. Approved: Date Governor Chief Clerk of the House 40 Modifications to the Original Law (H.B. 3389) Amend CSHB 3389 (Senate committee report) as follows: (1) Strike the following SECTIONS of the bill: (A) SECTION 8, adding Section 1701.164, Occupations Code (page 4, lines 61-66); (B) SECTION 24, amending Article 2.132(b), Code of Criminal Procedure (page 8, lines 19-53); (C) SECTION 25, amending Article 2.134(b), Code of Criminal Procedure (page 8, lines 54-64); (D) SECTION 28, providing transition language for the amendments to Articles 2.132(b) and 2.134(b), Code of Criminal Procedure (page 9, lines 40-47). (2) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly: SECTION . Article 2.132, Code of Criminal Procedure, is amended by amending Subsections (a),(b), (d), and (e) and adding Subsection (g) to read as follows: (a) In this article: (1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make motor vehicle[tFaff+e] stops in the routine performance of the officers' official duties. (2) "Motor vehicle stop" means an occasion in which a peace officer stops a motor vehicle for an alleged violation of a law or ordinance. (3) "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, [.e] Native American, or Middle Eastern descent. (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's complaint process; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to motor vehicle [tFaff+e] stops in which a citation is issued and to _arrests made as a result of [Fesulting fFG4:.,] those [tFaff+e] stops, including information relating to: (A) the race or ethnicity of the individual detained; and (B) whether a search was conducted and, if so, whether the individual [persen] detained consented to the search; and (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and (7) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit [tothe goveffling bedy of eaeh eaunty 41 municipality served by —the —agency] an annual report of the information collected under Subdivision (6) to: (A) the Commission on Law Enforcement Officer Standards and Education; and (B) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. (d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter -activated equipment in each agency law enforcement motor vehicle regularly used to make motor vehicle [traffic] stops and transmitter activated equipment in each agency law enforcement motorcycle regularly used to make motor vehicle [traffic] stops. If a law enforcement agency installs video or audio equipment as provided by this subsection, the policy adopted by the agency under Subsection (b) must include standards for reviewing video and audio documentation. (e) A report required under Subsection (b)(7) may not include identifying information about a peace officer who makes a motor vehicle [traffic] stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the collection of information as required by a policy under Subsection (b)(6). (g) On a finding by the Commission on Law Enforcement Officer Standards and Education that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b)(7), the commission shall begin disciplinary procedures against the chief administrator. SECTION . Article 2.133, Code of Criminal Procedure, is amended to read as follows: Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE [TRAFFIC AND PEDESTDl] STOPS. (a) In this article, "race[- [(!) ] or ethnicity" has the meaning assigned by Article 2.132(a). [(2) "Pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest.] (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance [regulating traffic o who stops - pedestrian for - suspected offense] shall report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of any [eat] person operating the motor vehicle who is detained as a result of the stop, including: (A) the person's gender; and (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the initial reason for the stop [traffic law or ordinance alleged to have been violated or the suspected offense]; (3) whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; (4) whether any contraband or other evidence was discovered in the course of the search and a description [the type] of the contraband or evidence [discovered]; (5) the reason for the search, including whether: (A) any contraband or other evidence was in plain view; B any probable cause or reasonable suspicion existed to perform the search; or 42 (C) the search was performed as a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle [existed and the facts supporting the existence of that r .,h-, tee]; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of whether the arrest was based on a violation of the Penal Code, a violation of a traffic law or ordinance, or an outstanding warrant and a statement of the offense charged; (7) the street address or approximate location of the stop; and (8) whether the officer issued a written warning or a citation as a result of the stop[, including description of the warning or a statement of the violation charged]. SECTION . Article 2.134, Code of Criminal Procedure, is amended by amending Subsections (a) through (e) and adding Subsection (g) to read as follows: (a) In this article: (1) "Motor vehicle[, "pedestrian] stop" has the meaning assigned by Article 2.132(a) [means an 6 nteractffion between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under ar I. (2) "Race or ethnicity" has the meaning assigned by Article 2.132(a). (b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. Not later than March 1 of each year, each [lee-a4] law enforcement agency shall submit a report containing the incident -based data [information] compiled during the previous calendar year to the Commission on Law Enforcement Officer Standards and Education and, if the law enforcement agency is a local law enforcement agency, to the governing body of each county or municipality served by the agency [in a manner approved by the - C-„]. (c) A report required under Subsection (b) must be submitted by the chief administrator of the law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, and must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities [determinetheprevalence of racial profiling by peace employed by the agency]; and (B) examine the disposition of motor vehicle [traffic and pedestrian] stops made by officers employed by the agency, categorized according to the race or ethnicity of the affected persons, as appropriate, including any searches resulting from [the] stops within the applicable jurisdiction; and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. (d) A report required under Subsection (b) may not include identifying information about a peace officer who makes a motor vehicle [traffic r pedestrian] stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2.133(b)(1). (e) The Commission on Law Enforcement Officer Standards and Education, in accordance with Section 1701.162, Occupations Code, shall develop guidelines for compiling and reporting information as required by this article. 43 (g) On a finding by the Commission on Law Enforcement Officer Standards and Education that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b), the commission shall begin disciplinary procedures against the chief administrator. SECTION . Article 2.135, Code of Criminal Procedure, is amended to read as follows: Art. 2.135. PARTIAL EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting requirement under Article 2.133 and the chief administrator of a law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, is exempt from the compilation, analysis, and reporting requirements under Article 2.134 if: (1) during the calendar year preceding the date that a report under Article 2.134 is required to be submitted: (A) each law enforcement motor vehicle regularly used by an officer employed by the agency to make motor vehicle [traffic and stops is equipped with video camera and transmitter -activated equipment and each law enforcement motorcycle regularly used to make motor vehicle [traffic and pedestrian] stops is equipped with transmitter -activated equipment; and (B) each motor vehicle [traffic and pedestrian] stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio equipment, as appropriate, is recorded by using the equipment; or (2) the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection (a)(1)(A) and the agency does not receive from the state funds or video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose. (b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt from the requirements under Article 2.134 shall retain the video and audio or audio documentation of each motor vehicle [traffic and pedestrian] stop for at least 90 days after the date of the stop. If a complaint is filed with the law enforcement agency alleging that a peace officer employed by the agency has engaged in racial profiling with respect to a motor vehicle [traffic or pedestrian] stop, the agency shall retain the video and audio or audio record of the stop until final disposition of the complaint. (c) This article does not affect the collection or reporting requirements under Article 2.132. (d) In this article, "motor vehicle stop" has the meaning assigned by Article 2.132(a). SECTION . Chapter 2, Code of Criminal Procedure, is amended by adding Article 2.1385 to read as follows: Art. 2.1385. CIVIL PENALTY. (a) If the chief administrator of a local law enforcement agency intentionally fails to submit the incident -based data as required by Article 2.134, the agency is liable to the state for a civil penalty in the amount of $1,000 for each violation. The attorney general may sue to collect a civil penalty under this subsection. (b) From monev aDDroariated to the aeencv for the administration of the aaencv. the executive director of a state law enforcement a.Rencv that intentionally fails to submit the incident -based E data as required by Article 2.134 shall remit to the comptroller the amount of $1,000 for each violation. (c) Money collected under this article shall be deposited in the state treasury to the credit of the general revenue fund. SECTION . Subchapter A, Chapter 102, Code of Criminal Procedure, is amended by adding Article 102.022 to read as follows: Art. 102.022. COSTS ON CONVICTION TO FUND STATEWIDE REPOSITORY FOR DATA RELATED TO CIVIL JUSTICE. (a) In this article, "moving violation" means an offense that: (1) involves the operation of a motor vehicle; and (2) is classified as a moving violation by the Department of Public Safety under Section 708.052, Transportation Code. (b) A defendant convicted of a moving violation in a justice court, county court, county court at law, or municipal court shall pay a fee of 10 cents as a cost of court. (c) In this article, a person is considered convicted if: (1) a sentence is imposed on the person; (2) the person receives community supervision, including deferred adjudication; or (3) the court defers final disposition of the person's case. (d) The clerks of the respective courts shall collect the costs described by this article. The clerk shall keep separate records of the funds collected as costs under this article and shall deposit the funds in the county or municipal treasury, as appropriate. (e) The custodian of a county or municipal treasury shall: (1) keep records of the amount of funds on deposit collected under this article; and (2) send to the comptroller before the last day of the first month following each calendar quarter the funds collected under this article during the preceding quarter. (f) A county or municipality may retain 10 percent of the funds collected under this article by an officer of the county or municipality as a collection fee if the custodian of the county or municipal treasury complies with Subsection (e). (g) If no funds due as costs under this article are deposited in a county or municipal treasury in a calendar quarter, the custodian of the treasury shall file the report required for the quarter in the regular manner and must state that no funds were collected. (h) The comptroller shall deposit the funds received under this article to the credit of the Civil Justice Data Repository fund in the general revenue fund, to be used only by the Commission on Law Enforcement Officer Standards and Education to implement duties under Section 1701.162, Occupations Code. 0) Funds collected under this article are subject to audit by the comptroller. SECTION . (a) Section 102.061, Government Code, as reenacted and amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular Session, 2007, is amended to conform to the amendments made to Section 102.061, Government Code, by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, 2007, and is further amended to read as follows: Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a statutory county court shall collect fees and costs under the Code of Criminal Procedure on conviction of a defendant as follows: (1) a jury fee (Art. 102.004, Code of Criminal Procedure) ... $20; (2) a fee for services of the clerk of the court (Art. 102.005, Code of Criminal Procedure) ... $40; 45 (3) a records management and preservation services fee (Art. 102.005, Code of Criminal Procedure) ... $25; (4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) ... $3; (5) a juvenile delinquency prevention and graffiti eradication fee (Art. 102.0171, Code of Criminal Procedure) ... 50 [45]; [ate] (6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) ... not to exceed $5, and (7) a civil justice fee (Art. 102.022, Code of Criminal Procedure) ... $0.10. (b) Section 102.061, Government Code, as amended by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, 2007, is repealed. Section 102.061, Government Code, as reenacted and amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular Session, 2007, to reorganize and renumber that section, continues in effect as further amended by this section. SECTION . (a) Section 102.081, Government Code, as amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular Session, 2007, is amended to conform to the amendments made to Section 102.081, Government Code, by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, 2007, and is further amended to read as follows: Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county court shall collect fees and costs under the Code of Criminal Procedure on conviction of a defendant as follows: (1) a jury fee (Art. 102.004, Code of Criminal Procedure) ... $20; (2) a fee for clerk of the court services (Art. 102.005, Code of Criminal Procedure) ... $40; (3) a records management and preservation services fee (Art. 102.005, Code of Criminal Procedure) ... $25; (4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) ... $3; (5) a juvenile delinquency prevention and graffiti eradication fee (Art. 102.0171, Code of Criminal Procedure) ... 50 [45]; [ate] (6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) ... not to exceed $5, and (7) a civil justice fee (Art. 102.022, Code of Criminal Procedure) ... $0.10. (b) Section 102.081, Government Code, as amended by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, 2007, is repealed. Section 102.081, Government Code, as amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular Session, 2007, to reorganize and renumber that section, continues in effect as further amended by this section. SECTION . Section 102.101, Government Code, is amended to read as follows: Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. A clerk of a justice court shall collect fees and costs under the Code of Criminal Procedure on conviction of a defendant as follows: (1) a jury fee (Art. 102.004, Code of Criminal Procedure) ... $3; (2) a fee for withdrawing request for jury less than 24 hours before time of trial (Art. 102.004, Code of Criminal Procedure) ... $3; (3) a jury fee for two or more defendants tried jointly (Art. 102.004, Code of Criminal Procedure) ... one jury fee of $3; 46 (4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) ... $4; (5) a fee for technology fund on a misdemeanor offense (Art. 102.0173, Code of Criminal Procedure) ... $4; (6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) ... not to exceed $5; (7) a fee on conviction of certain offenses involving issuing or passing a subsequently dishonored check (Art. 102.0071, Code of Criminal Procedure) ... not to exceed $30; [apA] (8) a court cost on conviction of a Class C misdemeanor in a county with a population of 3.3 million or more, if authorized by the county commissioners court (Art. 102.009, Code of Criminal Procedure) ... not to exceed $7, and (9) a civil justice fee (Art. 102.022, Code of Criminal Procedure) ... $0.10. SECTION . Section 102.121, Government Code, is amended to read as follows: Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a municipal court shall collect fees and costs on conviction of a defendant as follows: (1) a jury fee (Art. 102.004, Code of Criminal Procedure) ... $3; (2) a fee for withdrawing request for jury less than 24 hours before time of trial (Art. 102.004, Code of Criminal Procedure) ... $3; (3) a jury fee for two or more defendants tried jointly (Art. 102.004, Code of Criminal Procedure) ... one jury fee of $3; (4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) ... $3; (5) a fee for technology fund on a misdemeanor offense (Art. 102.0172, Code of Criminal Procedure) ... not to exceed $4; [and] (6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) ... not to exceed $5, and (7) a civil justice fee (Art. 102.022, Code of Criminal Procedure) ... $0.10. SECTION . Subchapter D, Chapter 1701, Occupations Code, is amended by adding Section 1701.164 to read as follows: Sec. 1701.164. COLLECTION OF CERTAIN INCIDENT -BASED DATA SUBMITTED BY LAW ENFORCEMENT AGENCIES. The commission shall collect and maintain incident -based data submitted to the commission under Article 2.134, Code of Criminal Procedure, including incident - based data compiled by a law enforcement agency from reports received by the law enforcement agency under Article 2.133 of that code. The commission in consultation with the Department of Public Safety, the Bill Blackwood Law Enforcement Management Institute of Texas, the W. W. Caruth, Jr., Police Institute at Dallas, and the Texas Police Chiefs Association shall develop guidelines for submitting in a standard format the report containing incident -based data as required by Article 2.134, Code of Criminal Procedure. SECTION Subsection (a), Section 1701.501, Occupations Code, is amended to read as follows: (a) Except as provided by Subsection (d), the commission shall revoke or suspend a license, place on probation a person whose license has been suspended, or reprimand a license holder for a violation of: (1) this chapteri WA (2) the reporting requirements provided by Articles 2.132 and 2.134, Code of Criminal Procedure; or (3) a commission rule. SECTION . (a) The requirements of Articles 2.132, 2.133, and 2.134, Code of Criminal Procedure, as amended by this Act, relating to the compilation, analysis, and submission of incident -based data apply only to information based on a motor vehicle stop occurring on or after January 1, 2010. (b) The imposition of a cost of court under Article 102.022, Code of Criminal Procedure, as added by this Act, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date. Racial and Ethnic Designations (H.B. 3051) H.B. No. 3051 - An Act relating to the categories used to record the race or ethnicity of persons stopped for or convicted of traffic offenses. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 2.132(a)(3), Code of Criminal Procedure, is amended to read as follows: (3) "Race or ethnicity" means the following categories: (A) Alaska native or American Indian; (B) [of a particular descent including Caucasian African Hispanicj Asian or Pacific Islander; C black; (D) white; and (E) Hispanic or Latino [, Native American, or Middle Eastern descent] SECTION 2. Section 543.202(a), Transportation Code, is amended to read as follows: (a) In this section, "race or ethnicity" means the following categories: (1) Alaska native or American Indian; (2) [of a particular descent including C-,,,,.-,sian African Hispanic,] Asian or Pacific Islander; 3 black; (4) white; and (5) Hispanic or Latino [, or Native American d^s^^fl+] SECTION 3. This Act takes effect September 1, 2017. President of the Senate Speaker of the House I certify that H.B. No. 3051 was passed by the House on May 4, 2017, by the following vote: Yeas 143, Nays 2, 2 present, not voting. Chief Clerk of the House I certify that H.B. No. 3051 was passed by the Senate on May 19, 2017, by the following vote: Yeas 31, Nays 0. Secretary of the Senate APPROVED: Date Governor 49 The Sandra Bland Act (S.Be 1849) S.B. No. 1849 An Act relating to interactions between law enforcement and individuals detained or arrested on suspicion of the commission of criminal offenses, to the confinement, conviction, or release of those individuals, and to grants supporting populations that are more likely to interact frequently with law enforcement. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: ARTICLE 1. SHORT TITLE SECTION 1.01. SHORT TITLE. This Act shall be known as the Sandra Bland Act, in memory of Sandra Bland. ARTICLE 2. IDENTIFICATION AND DIVERSION OF AND SERVICES FOR PERSONS SUSPECTED OF HAVING A MENTAL ILLNESS, AN INTELLECTUAL DISABILITY, OR A SUBSTANCE ABUSE ISSUE SECTION 2.01. Article 16.22, Code of Criminal Procedure, is amended to read as follows: Art. 16.22. EARLY IDENTIFICATION OF DEFENDANT SUSPECTED OF HAVING MENTAL ILLNESS OR INTELLECTUAL DISABILITY [MENTAL RETARDATION]. (a)(1) Not later than 12 [72] hours after receiving credible information that may establish reasonable cause to believe that a defendant committed to the sheriff's custody has a mental illness or is a person with an intellectual disability [mental retardation], including observation of the defendant's behavior immediately before, during, and after the defendant's arrest and the results of any previous assessment of the defendant, the sheriff shall provide written or electronic notice of the information to the magistrate. On a determination that there is reasonable cause to believe that the defendant has a mental illness or is a person with an intellectual disability [mental retardation], the magistrate, except as provided by Subdivision (2), shall order the local mental health or intellectual and developmental disability [mental retardation] authority or another qualified mental health or intellectual disability [mental retardation] expert to: (A) collect information regarding whether the defendant has a mental illness as defined by Section 571.003, Health and Safety Code, or is a person with an intellectual disability [mental retardation] as defined by Section 591.003, Health and Safety Code, including information obtained from any previous assessment of the defendant; and (B) provide to the magistrate a written assessment of the information collected under Paragraph (A). (2) The magistrate is not required to order the collection of information under Subdivision 50 (1) if the defendant in the year preceding the defendant's applicable date of arrest has been determined to have a mental illness or to be a person with an intellectual disability [mental retardation] by the local mental health or intellectual and developmental disability [mental retardation] authority or another mental health or intellectual disability [mental retardation] expert described by Subdivision (1). A court that elects to use the results of that previous determination may proceed under Subsection (c). (3) If the defendant fails or refuses to submit to the collection of information regarding the defendant as required under Subdivision (1), the magistrate may order the defendant to submit to an examination in a mental health facility determined to be appropriate by the local mental health or intellectual and developmental disability [mental retardation] authority for a reasonable period not to exceed 21 days. The magistrate may order a defendant to a facility operated by the Department of State Health Services or the Health and Human Services Commission [Department of Aging and Disability Services] for examination only on request of the local mental health or intellectual and developmental disability [mental retardation] authority and with the consent of the head of the facility. If a defendant who has been ordered to a facility operated by the Department of State Health Services or the Health and Human Services Commission [Department of Aging and Disability Services] for examination remains in the facility for a period exceeding 21 days, the head of that facility shall cause the defendant to be immediately transported to the committing court and placed in the custody of the sheriff of the county in which the committing court is located. That county shall reimburse the facility for the mileage and per diem expenses of the personnel required to transport the defendant calculated in accordance with the state travel regulations in effect at the time. (b) A written assessment of the information collected under Subsection (a)(1)(A) shall be provided to the magistrate not later than the 30th day after the date of any order issued under Subsection (a) in a felony case and not later than the 10th day after the date of any order issued under that subsection in a misdemeanor case, and the magistrate shall provide copies of the written assessment to the defense counsel, the prosecuting attorney, and the trial court. The written assessment must include a description of the procedures used in the collection of information under Subsection (a)(1)(A) and the applicable expert's observations and findings pertaining to: (1) whether the defendant is a person who has a mental illness or is a person with an intellectual disability [mental retardation]; (2) whether there is clinical evidence to support a belief that the defendant may be incompetent to stand trial and should undergo a complete competency examination under Subchapter B, Chapter 4613; and (3) recommended treatment. (c) After the trial court receives the applicable expert's written assessment relating to the defendant under Subsection (b) or elects to use the results of a previous determination as described by Subsection (a)(2), the trial court may, as applicable: (1) resume criminal proceedings against the defendant, including any appropriate proceedings related to the defendant's release on personal bond under Article 17.032; (2) resume or initiate competency proceedings, if required, as provided by Chapter 46B 51 or other proceedings affecting the defendant's receipt of appropriate court -ordered mental health or intellectual disability [mental retardation] services, including proceedings related to the defendant's receipt of outpatient mental health services under Section 574.034, Health and Safety Code; or (3) consider the written assessment during the punishment phase after a conviction of the offense for which the defendant was arrested, as part of a presentence investigation report, or in connection with the impositions of conditions following placement on community supervision, including deferred adjudication community supervision. (d) This article does not prevent the applicable court from, before, during, or after the collection of information regarding the defendant as described by this article: (1) releasing a defendant who has a mental illness [mentally ill] or is a person with an intellectual disability [mentally retarded defendant] from custody on personal or surety bond; or (2) ordering an examination regarding the defendant's competency to stand trial. SECTION 2.02. Chapter 16, Code of Criminal Procedure, is amended by adding Article 16.23 to read as follows: Art. 16.23. DIVERSION OF PERSONS SUFFERING MENTAL HEALTH CRISIS OR SUBSTANCE ABUSE ISSUE. (a) Each law enforcement agency shall make a good faith effort to divert a person suffering a mental health crisis or suffering from the effects of substance abuse to a proper treatment center in the agency's jurisdiction if: (1) there is an available and appropriate treatment center in the agency's jurisdiction to which the agency may divert the person; (2) it is reasonable to divert the person; (3) the offense that the person is accused of is a misdemeanor, other than a misdemeanor involving violence; and (4) the mental health crisis or substance abuse issue is suspected to be the reason the person committed the alleged offense. (b) Subsection (a) does not apply to a person who is accused of an offense under Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code. SECTION 2.03. Section 539.002, Government Code, is amended to read as follows: Sec. 539.002. GRANTS FOR ESTABLISHMENT AND EXPANSION OF COMMUNITY COLLABORATIVES. (a) To the extent funds are appropriated to the department for that purpose, the department shall make grants to entities, including local governmental entities, nonprofit community organizations, and faith -based community organizations, to establish or expand community collaboratives that bring the public and private sectors together to provide services to persons experiencing homelessness, substance abuse issues, or [and] mental illness. [The department may make a maximum of five grants, which must be made in the most populous municipalities in this state that are located in counties with a population of more than one million.] In awarding grants, the department shall give special consideration to entities: (1) establishing [a] new collaboratives; or 52 (2) establishing or expanding collaboratives thatserve two or more counties, each with a population of less than 100,000 [collaborative]. (b) The department shall require each entity awarded a grant under this section to: (1) leverage additional funding from private sources in an amount that is at least equal to the amount of the grant awarded under this section; [and] (2) provide evidence of significant coordination and collaboration between the entity, local mental health authorities, municipalities, local law enforcement agencies, and other community stakeholders in establishing or expanding a community collaborative funded by a grant awarded under this section; and (3) provide evidence of a local law enforcement policy to divert appropriate persons from jails or other detention facilities to an entity affiliated with a community collaborative for the purpose of providing services to those persons. SECTION 2.04. Chapter 539, Government Code, is amended by adding Section 539.0051 to read as follows: Sec. 539.0051. PLAN REQUIRED FOR CERTAIN COMMUNITY COLLABORATIVES. (a) The governing body of a county shall develop and make public a plan detailing: (1) how local mental health authorities, municipalities, local law enforcement agencies, and other community stakeholders in the county could coordinate to establish or expand a community collaborative to accomplish the goals of Section 539.002; (2) how entities in the county may leverage funding from private sources to accomplish the goals of Section 539.002 through the formation or expansion of a community collaborative; and (3) how the formation or expansion of a community collaborative could establish or support resources or services to help local law enforcement agencies to divert persons who have been arrested to appropriate mental health care or substance abuse treatment. (b) The governing body of a county in which an entity that received a grant under Section 539.002 before September 1, 2017, is located is not required to develop a plan under Subsection (a). (c) Two or more counties, each with a population of less than 100,000, may form a joint plan under Subsection (a). ARTICLE 3. BAIL, PRETRIAL RELEASE, AND COUNTY JAIL STANDARDS SECTION 3.01. The heading to Article 17.032, Code of Criminal Procedure, is amended to read as follows: Art. 17.032. RELEASE ON PERSONAL BOND OF CERTAIN [MENTALLY ILL] DEFENDANTS WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY. SECTION 3.02. Articles 17.032(b) and (c), Code of Criminal Procedure, are amended to read as follows: (b) A magistrate shall release a defendant on personal bond unless good cause is shown 53 otherwise if the: (1) defendant is not charged with and has not been previously convicted of a violent offense; (2) defendant is examined by the local mental health or intellectual and developmental disability [mental retardation] authority or another mental health expert under Article 16.22 [of this code]; (3) applicable expert, in a written assessment submitted to the magistrate under Article 16.22: (A) concludes that the defendant has a mental illness or is a person with an intellectual disability [mental retardation] and is nonetheless competent to stand trial; and (B) recommends mental health treatment or intellectual disability treatment for the defendant, as applicable; and (4) magistrate determines, in consultation with the local mental health or intellectual and developmental disability [mental retardation] authority, that appropriate community -based mental health or intellectual disability [mental retardation] services for the defendant are available through the [Texas] Department of State [Mental] Health Services [and Mental Retardation] under Section 534.053, Health and Safety Code, or through another mental health or intellectual disability [mental retardation] services provider. (c) The magistrate, unless good cause is shown for not requiring treatment, shall require as a condition of release on personal bond under this article that the defendant submit to outpatient or inpatient mental health or intellectual disability [mental retardation] treatment as recommended by the local mental health or intellectual and developmental disability [mental retardation] authority if the defendant's: (1) mental illness or intellectual disability [mental retardation] is chronic in nature; or (2) ability to function independently will continue to deteriorate if the defendant is not treated. SECTION 3.03. Article 25.03, Code of Criminal Procedure, is amended to read as follows: Art. 25.03. IF ON BAIL IN FELONY. When the accused, in case of felony, is on bail at the time the indictment is presented, [it is not necessary to serve him with a copy, but] the clerk shall [on request] deliver a copy of the indictment [same] to the accused or the accused's [his] counsel[,] at the earliest possible time. SECTION 3.04. Article 25.04, Code of Criminal Procedure, is amended to read as follows: Art. 25.04. IN MISDEMEANOR. In misdemeanors, the clerk shall deliver a copy of the indictment or information to the accused or the accused's counsel at the earliest possible time before trial [it shall not be necessary before trial to furnish the accused with a copy of the indictment or information; but he or his counsel may demand a copy, which shall be given as early as possible SECTION 3.05. Section 511.009(a), Government Code, as amended by Chapters 281 (H.B. 875), 648 (H.B. 549), and 688 (H.B. 634), Acts of the 84th Legislature, Regular Session, 2015, is reenacted and amended to read as follows: 54 (a) The commission shall: (1) adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of countyjails; (2) adopt reasonable rules and procedures establishing minimum standards for the custody, care, and treatment of prisoners; (3) adopt reasonable rules establishing minimum standards for the number of jail supervisory personnel and for programs and services to meet the needs of prisoners; (4) adopt reasonable rules and procedures establishing minimum requirements for programs of rehabilitation, education, and recreation in county jails; (5) revise, amend, or change rules and procedures if necessary; (6) provide to local government officials consultation on and technical assistance for county jails; (7) review and comment on plans for the construction and major modification or renovation of county jails; (8) require that the sheriff and commissioners of each county submit to the commission, on a form prescribed by the commission, an annual report on the conditions in each county jail within their jurisdiction, including all information necessary to determine compliance with state law, commission orders, and the rules adopted under this chapter; (9) review the reports submitted under Subdivision (8) and require commission employees to inspect county jails regularly to ensure compliance with state law, commission orders, and rules and procedures adopted under this chapter; (10) adopt a classification system to assist sheriffs and judges in determining which defendants are low -risk and consequently suitable participants in a county jail work release program under Article 42.034, Code of Criminal Procedure; (11) adopt rules relating to requirements for segregation of classes of inmates and to capacities for county jails; (12) require that the chief jailer of each municipal lockup submit to the commission, on a form prescribed by the commission, an annual report of persons under 17 years of age securely detained in the lockup, including all information necessary to determine compliance with state law concerning secure confinement of children in municipal lockups; (13) at least annually determine whether each county jail is in compliance with the rules and procedures adopted under this chapter; (14) require that the sheriff and commissioners court of each county submit to the commission, on a form prescribed by the commission, an annual report of persons under 17 years of age securely detained in the county jail, including all information necessary to determine compliance with state law concerning secure confinement of children in county jails; (15) schedule announced and unannounced inspections of jails under the commission's jurisdiction using the risk assessment plan established under Section 511.0085 to guide the inspections process; (16) adopt a policy for gathering and distributing to jails under the commission's jurisdiction information regarding: (A) common issues concerning jail administration; (B) examples of successful strategies for maintaining compliance with state law and the rules, 55 standards, and procedures of the commission; and (C) solutions to operational challenges for jails; (17) report to the Texas Correctional Office on Offenders with Medical or Mental Impairments on a jail's compliance with Article 16.22, Code of Criminal Procedure; (18) adopt reasonable rules and procedures establishing minimum requirements for jails to: (A) determine if a prisoner is pregnant; and (B) ensure that the jail's health services plan addresses medical and mental health care, including nutritional requirements, and any special housing or work assignment needs for persons who are confined in the jail and are known or determined to be pregnant; (19) provide guidelines to sheriffs regarding contracts between a sheriff and another entity for the provision of food services to or the operation of a commissary in a jail under the commission's jurisdiction, including specific provisions regarding conflicts of interest and avoiding the appearance of impropriety; [and] (20) adopt reasonable rules and procedures establishing minimum standards for prisoner visitation that provide each prisoner at a county jail with a minimum of two in -person, noncontact visitation periods per week of at least 20 minutes duration each; (21) [(20)] require the sheriff of each county to: (A) investigate and verify the veteran status of each prisoner by using data made available from the Veterans Reentry Search Service (VRSS) operated by the United States Department of Veterans Affairs or a similar service; and (B) use the data described by Paragraph (A) to assist prisoners who are veterans in applying for federal benefits or compensation for which the prisoners may be eligible under a program administered by the United States Department of Veterans Affairs; (22) [(20)] adopt reasonable rules and procedures regarding visitation of a prisoner at a county jail by a guardian, as defined by Section 1002.012, Estates Code, that: (A) allow visitation by a guardian to the same extent as the prisoner's next of kin, including placing the guardian on the prisoner's approved visitors list on the guardian's request and providing the guardian access to the prisoner during a facility's standard visitation hours if the prisoner is otherwise eligible to receive visitors; and (B) require the guardian to provide the sheriff with letters of guardianship issued as provided by Section 1106.001, Estates Code, before being allowed to visit the prisoner; and (23) adopt reasonable rules and procedures to ensure the safety of prisoners, including rules and procedures that require a county jail to: (A) give prisoners the ability to access a mental health professional at the jail through a telemental health service 24 hours a day; (B) give prisoners the ability to access a health professional at the jail or through a telehealth service 24 hours a day or, if a health professional is unavailable at the jail or through a telehealth service, provide for a prisoner to be transported to access a health professional; and (C) if funding is available under Section 511.019, install automated electronic sensors or cameras to ensure accurate and timely in -person checks of cells or groups of cells confining at -risk individuals. SECTION 3.06. Section 511.009, Government Code, is amended by adding Subsection (d) to read 56 as follows: (d) The commission shall adopt reasonable rules and procedures establishing minimum standards regarding the continuity of prescription medications for the care and treatment of prisoners. The rules and procedures shall require that a qualified medical professional shall review as soon as possible any prescription medication a prisoner is taking when the prisoner is taken into custody. SECTION 3.07. Chapter 511, Government Code, is amended by adding Sections 511.019, 511.020, and 511.021 to read as follows: Sec. 511.019. PRISONER SAFETY FUND. (a) The prisoner safety fund is a dedicated account in the general revenue fund. (b) The prisoner safety fund consists of: (1) appropriations of money to the fund by the legislature; and (2) gifts, grants, including grants from the federal government, and other donations received for the fund. (c) Money in the fund may be appropriated only to the commission to pay for capital improvements that are required under Section 511.009(a)(23). (d) The commission by rule may establish a grant program to provide grants to counties to fund capital improvements described by Subsection (c). The commission may only provide a grant to a county for capital improvements to a county jail with a capacity of not more than 96 prisoners. Sec. 511.020. SERIOUS INCIDENTS REPORT. (a) On or before the fifth day of each month, the sheriff of each county shall report to the commission regarding the occurrence during the preceding month of any of the following incidents involving a prisoner in the county jail: (1) a suicide; (2) an attempted suicide; (3) a death; (4) a serious bodily injury, as that term is defined by Section 1.07, Penal Code; (5) an assault; (6) an escape; (7) a sexual assault; and (8) any use of force resulting in bodily injury, as that term is defined by Section 1.07, Penal Code. (b) The commission shall prescribe a form for the report required by Subsection (a). (c) The information required to be reported under Subsection (a)(8) may not include the name or other identifying information of a county jailer or jail employee. (d) The information reported under Subsection (a) is public information subject to an open records request under Chapter 552. Sec. 511.021. INDEPENDENT INVESTIGATION OF DEATH OCCURRING IN COUNTYJAIL. (a) On the death of a prisoner in a countyjail, the commission shall appoint a law enforcement agency, other 57 than the local law enforcement agency that operates the county jail, to investigate the death as soon as possible. (b) The commission shall adopt any rules necessary relating to the appointment of a law enforcement agency under Subsection (a), including rules relating to cooperation between law enforcement agencies and to procedures for handling evidence. SECTION 3.08. The changes in law made by this article to Article 17.032, Code of Criminal Procedure, apply only to a personal bond that is executed on or after the effective date of this Act. A personal bond executed before the effective date of executed, and the former law is continued in effect for that purpose. SECTION 3.09. Not later than January 1, 2018, the Commission on Jail Standards shall: (1) adopt the rules and procedures required by Section 511.009(d), Government Code, as added by this article, and the rules required by Section 511.021(b), Government Code, as added by this article; and (2) prescribe the form required by Section 511.020(b), Government Code, as added by this article. SECTION 3.10. Not later than September 1, 2018, the Commission on Jail Standards shall adopt the rules and procedures required by Section 511.009(a)(23), Government Code, as added by this article. On and after September 1, 2020, a county jail shall comply with any rule or procedure adopted by the Commission on Jail Standards under that subdivision. SECTION 3.11. To the extent of any conflict, this Act prevails over another Act of the 85th Legislature, Regular Session, 2017, relating to non -substantive additions to and corrections in enacted codes. ARTICLE 4. PEACE OFFICER AND COUNTY JAILER TRAINING SECTION 4.01. Chapter 511, Government Code, is amended by adding Section 511.00905 to read as follows: Sec. 511.00905. JAIL ADMINISTRATOR POSITION; EXAMINATION REQUIRED. (a) The Texas Commission on Law Enforcement shall develop and the commission shall approve an examination for a person assigned to the jail administrator position overseeing a county jail. (b) The commission shall adopt rules requiring a person, other than a sheriff, assigned to the jail administrator position overseeing a county jail to pass the examination not later than the 180th day after the date the person is assigned to that position. The rules must provide that a person who fails the examination may be immediately removed from the position and may not be reinstated until the person passes the examination. (c) The sheriff of a county shall perform the duties of the jail administrator position at any time there is not a person available who satisfies the examination requirements of this section. (d) A person other than a sheriff may not serve in the jail administrator position of a county jail unless the person satisfies the examination requirement of this section. SECTION 4.02. Section 1701.253, Occupations Code, is amended by amending Subsection (j) and adding Subsection (n) to read as follows: commission shall require an officer to complete a 40- hour statewide education and training program on de-escalation and crisis intervention techniques to facilitate interaction with persons with mental impairments. An officer shall complete the program not later than the second anniversary of the date the officer is licensed under this chapter or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. An officer may not satisfy the requirements of this subsection [section] or Section 1701.402(g) by taking an online course on de-escalation and crisis intervention techniques to facilitate interaction with persons with mental impairments. (n) As part of the minimum curriculum requirements, the commission shall require an officer to complete a statewide education and training program on de-escalation techniques to facilitate interaction with members of the public, including techniques for limiting the use of force resulting in bodily injury. SECTION 4.03. Section 1701.310(a), Occupations Code, is amended to read as follows: (a) Except as provided by Subsection (e), a person may not be appointed as a county jailer, except on a temporary basis, unless the person has satisfactorily completed a preparatory training program, as required by the commission, in the operation of a county jail at a school operated or licensed by the commission. The training program must consist of at least eight hours of mental health training approved by the commission and the Commission on Jail Standards. SECTION 4.04. Section 1701.352(b), Occupations Code, is amended to read as follows: (b) The commission shall require a state, county, special district, or municipal agency that appoints or employs peace officers to provide each peace officer with a training program at least once every 48 months that is approved by the commission and consists of: (1) topics selected by the agency; and (2) for an officer holding only a basic proficiency certificate, not more than 20 hours of education and training that contain curricula incorporating the learning objectives developed by the commission regarding: (A) civil rights, racial sensitivity, and cultural diversity; (B) de-escalation and crisis intervention techniques to facilitate interaction with persons with mental impairments; [and] (C) de-escalation techniques to facilitate interaction with members of the public, including techniques for limiting the use of force resulting in bodily injury; and (D) unless determined by the agency head to be inconsistent with the officer's assigned duties: (i) the recognition and documentation of cases that involve child abuse or neglect, family violence, and sexual assault; and (ii) issues concerning sex offender characteristics. SECTION 4.05. Section 1701.402, Occupations Code, is amended by adding Subsection (n) to read fi: as follows: (n) As a requirement for an intermediate proficiency certificate or an advanced proficiency certificate, an officer must complete the education and training program regarding de-escalation techniques to facilitate interaction with members of the public established by the commission under Section 1701.253(n). SECTION 4.06. Not later than March 1, 2018, the Texas Commission on Law Enforcement shall develop and the Commission on Jail Standards shall approve the examination required by Section 511.00905, Government Code, as added by this article. SECTION 4.07. (a) Not later than March 1, 2018, the Texas Commission on Law Enforcement shall establish or modify training programs as necessary to comply with Section 1701.253, Occupations Code, as amended by this article. (b) The minimum curriculum requirements under Section 1701.253(j), Occupations Code, as amended by this article, apply only to a peace officer who first begins to satisfy those requirements on or after April 1, 2018. SECTION 4.08. (a) Section 1701.310, Occupations Code, as amended by this article, takes effect January 1, 2018. (b) A person in the position of county jailer on September 1, 2017, must comply with Section 1701.310(a), Occupations Code, as amended by this article, not later than August 31, 2021. ARTICLE 5. MOTOR VEHICLE STOPS, RACIAL PROFILING, AND ISSUANCE OF CITATIONS SECTION 5.01. Article 2.132, Code of Criminal Procedure, is amended by amending Subsections (b) and (d) and adding Subsection (h) to read as follows: (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's compliment and complaint process, including providing the telephone number, mailing address, and e-mail address to make a compliment or complaint with respect to each ticket, citation, or warning issued by a peace officer; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to motor vehicle stops in which a ticket, citation, or warning is issued and to arrests made as a result of those stops, including information 60 relating to: (A) the race or ethnicity of the individual detained; (B) whether a search was conducted and, if so, whether the individual detained consented to the search; [and] (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; (D) whether the peace officer used physical force that resulted in bodily injury, as that term is defined by Section 1.07, Penal Code, during the stop; (E) the location of the stop; and (F) the reason for the stop; and (7) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision (6) to: (A) the Texas Commission on Law Enforcement; and (B) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. (d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter -activated equipment in each agency law enforcement motor vehicle regularly used to make motor vehicle stops and transmitter -activated equipment in each agency law enforcement motorcycle regularly used to make motor vehicle stops. The agency also shall examine the feasibility of equipping each peace officer who regularly detains or stops motor vehicles with a body worn camera, as that term is defined by Section 1701.651, Occupations Code. If a law enforcement agency installs video or audio equipment or equips peace officers with body worn cameras as provided by this subsection, the policy adopted by the agency under Subsection (b) must include standards for reviewing video and audio documentation. (h) A law enforcement agency shall review the data collected under Subsection (b)(6) to identify any improvements the agency could make in its practices and policies regarding motor vehicle stops. SECTION 5.02. Article 2.133, Code of Criminal Procedure, is amended by amending Subsection (b) and adding Subsection (c) to read as follows: (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance shall report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of any person operating the motor vehicle who is detained as a result of the stop, including: (A) the person's gender; and (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the initial reason for the stop; (3) whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; (4) whether any contraband or other evidence was discovered in the course of the search 61 and a description of the contraband or evidence; (5) the reason for the search, including whether: (A) any contraband or other evidence was in plain view; (B) any probable cause or reasonable suspicion existed to perform the search; or (C) the search was performed as a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of whether the arrest was based on a violation of the Penal Code, a violation of a traffic law or ordinance, or an outstanding warrant and a statement of the offense charged; (7) the street address or approximate location of the stop; [and] (8) whether the officer issued a verbal or written warning or a ticket or citation as a result of the stop; and (9) whether the officer used physical force that resulted in bodily injury, as that term is defined by Section 1.07, Penal Code, during the stop. (c) The chief administrator of a law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, is responsible for auditing reports under Subsection (b) to ensure that the race or ethnicity of the person operating the motor vehicle is being reported. SECTION 5.03. Article 2.134(c), Code of Criminal Procedure, is amended to read as follows: (c) A report required under Subsection (b) must be submitted by the chief administrator of the law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, and must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities; [and] (B) examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of the affected persons, as appropriate, including any searches resulting from stops within the applicable jurisdiction; and (C) evaluate and compare the number of searches resulting from motor vehicle stops within the applicable jurisdiction and whether contraband or other evidence was discovered in the course of those searches; and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. SECTION 5.04. Article 2.137, Code of Criminal Procedure, is amended to read as follows: Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras [as described by Article 2.135(a)(1)(A)], including specifying criteria to prioritize funding or equipment provided to law enforcement agencies. The criteria may include consideration of tax effort, financial hardship, 62 available revenue, and budget surpluses. The criteria must give priority to: (1) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement; (2) smaller jurisdictions; and (3) municipal and county law enforcement agencies. (b) The Department of Public Safety shall collaborate with an institution of higher education to identify law enforcement agencies that need funds or video and audio equipment for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras [as described by Article 2.135(a)(1)(A)]. The collaboration may include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies. (c) To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras [as described by Article 2.135(a)(1)(A)], the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. (d) On receipt of funds or video and audio equipment from the state for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras [as described by Article 2.135(a)(1)(A)], the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency has taken the necessary actions to use and is using [installed] video and audio equipment and body worn cameras for those purposes [as described by Article 2.135(a)(1)(A) and is using the equipment as required by Article 2.135(a)(1)]. SECTION 5.05. Article 2.1385(a), Code of Criminal Procedure, is amended to read as follows: (a) If the chief administrator of a local law enforcement agency intentionally fails to submit the incident -based data as required by Article 2.134, the agency is liable to the state for a civil penalty in an [the] amount not to exceed $5,000 [of $1,000] for each violation. The attorney general may sue to collect a civil penalty under this subsection. SECTION 5.06. Article 2.135, Code of Criminal Procedure, is repealed. SECTION 5.07. Articles 2.132 and 2.134, Code of Criminal Procedure, as amended by this article, apply only to a report covering a calendar year beginning on or after January 1, 2018. SECTION 5.08. Not later than September 1, 2018, the Texas Commission on Law Enforcement shall: (1) evaluate and change the guidelines for compiling and reporting information required under Article 2.134, Code of Criminal Procedure, as amended by this article, to enable the guidelines to better withstand academic scrutiny; and (2) make accessible online: (A) a downloadable format of any information submitted under Article 2.134(b), Code of Criminal 63 Procedure, that is not exempt from public disclosure under Chapter 552, Government Code; and (B) a glossary of terms relating to the information to make the information readily understandable to the public. This Act takes effect September 1, 2017. President of the Senate Speaker of the House I hereby certify that S.B. No. 1849 passed the Senate on May 11, 2017, by the following vote: Yeas 31, Nays 0. Secretary of the Senate I hereby certify that S.B. No. 1849 passed the House on May 20, 2017, by the following vote: Yeas 137, Nays 0, one present not voting. ARTICLE 6. EFFECTIVE DATE SECTION 6.01. Except as otherwise provided by this Act, Approved: Date Governor Chief Clerk of the House 64 KELLER POLICE DEPARTMENT RACIAL PROFILING POLICY 65 � BIASED POLICING OR ENFORCEMENT 100.03 Effective Date: 09/26/03 Revised: 09/09/08; 12/4/12; 9/1 /17; 10/4/17; 08/24/18 Standard: 1.2.9 PURPOSE AND RESPONSIBILITY: A. Purpose: To set the policy and establish the procedures to prevent biased policing or enforcement at the Keller Police Department. B. Responsibility: It will be the responsibility of the Chief of Police to provide the Keller City Council an annual report containing statistical data relevant to the public contacts made in accordance with the Texas Racial Profiling Law (S.B. No. 1074). II. DEFINITIONS: A. BIASED POLICING OR ENFORCEMENT: The selection of an individual(s) for enforcement action based in whole or in part on a trait common to a group, without actionable intelligence to support consideration of that trait. This includes, but is not limited to, race, ethnic background, national origin, gender, sexual orientation/identity, religion, economic status, age, cultural group, immigration status, disability, housing status, occupation, language fluency or any other identifiable characteristics. B. RACE or ETHNICITY: Means of a particular descent, including Caucasian, African, Hispanic, Asian, or Native American descent. III. POLICY: A. It is the policy of the Keller Police Department that biased policing or enforcement by any employee is strictly prohibited. This includes law enforcement -initiated action based on an individual's race, ethnicity, gender, sexual orientation/identity, religion, economic status, age, cultural group, national origin or any other identifiable group rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. Profiling in regards to traffic contacts, field contacts, Keller Police Department Biased Policing or Enforcement Policy 100.03 Page 1 of 6 searches, interviews and interrogations, asset seizures and forfeiture efforts will not be allowed. Any officer found in violation of this policy will be disciplined accordingly. Standard 1.2.9 (a) IV. PROCEDURES: A. MOTOR VEHICLE and PEDESTRIAN STOPS: Officers will be diligent during their patrol and are expected to enforce the traffic laws, and stop and detain motorist or pedestrians whenever there is reasonable suspicion that they have committed, are committing, or are about to commit an infraction of the law. An arrest can only be made with probable cause. a. An officer should not stop a driver or pedestrian when looking for a suspect if the only commonality between the suspect and the civilian is his or her race/ethnicity or national origin. b. Officers should not pick out people to stop from among similarly situated individuals based in whole or in part of their race/ethnicity or national origin. For example, a driver speeding in a stream of traffic should not be picked out from among the traffic because of race/ethnicity or national origin. C. An officer should not stop a driver when there is no traffic violation in order to get a look inside the vehicle based on the driver's race/ethnicity or national origin. 2. Officers must conduct themselves in a dignified and respectful manner at all times. The officers must remain courteous and professional keeping in mind the anxiety the person will feel when stopped by a police officer. Officers will remain professional and courteous even if challenged verbally from the detained individual. 3. During the stop of the motorist or pedestrian, officers shall utilize the mobile video and audio recording equipped in the car/motorcycle pursuant to General Order 401.04. 4. The detaining of motorists and pedestrians will be brief in duration and officers shall explain to the individual the reason for the detention with the objective to gain compliance and understanding. 5. If the officer decides to issue a warning, a citation or take the person into custody for a more serious offense the officer must record on the warning/ citation the race of the individual using the following codes: Keller Police Department Biased Policing or Enforcement Policy 100.03 Page 2 of 6 a. White/Caucasian (W) b. Hispanic (H) c. Asian (A) d. Native American (1) e. African (B) f. Middle Eastern (M) 6. When issuing a warning/ citation resulting from a traffic stop the officer shall record the following information on the warning/ citation: a. Search Y/N b. Consent Y/N, if Y above. C. Contraband/Evidence Found Y/N, if searched d. Reason and Probable Cause for the Search Y/N, if searched e. Arrest Made Y/N f. Physical Force Resulted in Bodily Injury Y/N g. Race/ethnicity known before stop Y/N h. Gender, street address of stop and reason for the stop. B. COMPLAINTS of BIASED POLICING: 1. Any person may file a complaint with the department if they believe law enforcement -initiated action was based on the individual's race, ethnicity, gender, sexual orientation, religion, economic status, age, cultural group, national origin or any other identifiable group than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. 2. Any employee, including the employee who initiated the enforcement action, who is told by the citizen that they wish to file a complaint, shall inform the person that they can meet a supervisor at police headquarters or contact the supervisor on the telephone providing the telephone Keller Police Department Biased Policing or Enforcement Policy 100.03 Page 3 of 6 number to the complainant. At no time should the complainant be told to call back the next day unless they desire to do so. 3. Supervisors receiving the complaint of biased policing or enforcement shall record the name, address, telephone number and the allegation from the complainant. The individual should be advised that the complaint will be taken seriously and they will be contacted with the findings of the investigation. The supervisor will obtain any and all mobile video recordings from the mobile video recording system. The recording(s) along with the information from the complainant should be forwarded to the Chief's office for assignment. 4. The Chief of Police shall assign the complaint to the Division Commander, Lieutenant, or the Internal Affairs investigator based on the complaint. 5. In conformance with the act on Biased Based Profiling, on the commencement of an investigation by a law enforcement agency of a complaint regarding racial profiling the agency shall promptly provide a copy of the video/audio recording to the peace officer that is the subject of the complaint on written request by the officer. 6. Should the results of the investigation show that the employee had engaged in biased based profiling in violation of this policy the Chief of Police shall take corrective action against the officer. The corrective action can range from training up to and including termination depending on the totality of the circumstances. a. If the complaint is "not sustained" the complainant may appeal the determination to the City Manager's Office. b. The complainant also has the right to appeal the determination to the Tarrant County District Attorney's Office. 7. This agency will comply with the public education requirement of the act by posting the complaint process on our internet web site, by having printed brochures on the complaint procedure available in our public lobby, and also available from the employees on the street. The complaint and compliment contact telephone number, mailing address, and email address will be provide on every warning/ citation. C. RETENTION of VIDEO and AUDIO TAPES: The act on Biased Based Profiling requires the audio and video recording of traffic and pedestrian stops to be retained for 90 days after Keller Police Department Biased Policing or Enforcement Policy 100.03 Page 4 of 6 the date of the stop. In case of a complaint the video will be retained until the disposition of the complaint. 2. The standards and safeguards for reviewing the video and audio are outlined in General Order 401.04. D. TRAINING: 1. All enforcement personnel will receive initial and annual training in biased policing issues including legal aspects, field contacts, traffic stops, searches, asset seizure and forfeiture, interview and interrogation techniques, cultural diversity, discrimination, and community support. Standard 1.2.9 (b) E. REPORTING REQUIREMENTS OF THE ACT: The Chief of Police shall make a documented annual report to the City Council on the information collected relating to traffic stops in which a warning or citation is issued and to arrests resulting from those traffic stops containing the following: a. The gender and race or ethnicity of the individuals detained. b. Whether a search was conducted and, if so, whether the person consented, if contraband/evidence was found, PC for the search, and if an arrest was made. c. Whether physical force resulted in Bodily Injury to a party. d. An administrative review of agency practices, including community concerns on the issue, the number of racial profiling complaints, and any corrective measures taken. 2. The required report will not contain identifying information about the officers or the individuals detained. 3. The documented annual report will be submitted by March 1st of each year for information complied by the agency during the period beginning January 1st and ending December 31st Standard 1.2.9 (c) F. IMMIGRATION STATUS DETENTIONS: Officers are not prohibited from inquiring about immigration status during temporary detentions, but are prohibited from detaining people longer than is necessary to finish the purpose of the detention and that purpose cannot be solely to make an immigration inquiry. Keller Police Department Biased Policing or Enforcement Policy 100.03 Page 5 of 6 2. An officer should have some articulable facts, besides race, color, religion, language, or national origin, to explain why the officer asked a person about citizenship or immigration status. 3. Warrants for a person's arrest or removal as an alien is an administrative warrant and must not be the sole reason for an arrest. If a person is arrested for another offense and has an immigration warrant, see General Order 700.01 Detention Facility for further. 4. Officers shall not enforce immigration laws while working off -duty for religious organizations. Officers shall not enforce immigration laws against a person detained solely because he or she is a victim, a witness to a crime, or reported a crime. Keller Police Department Biased Policing or Enforcement Policy 100.03 Page 6 of 6 n V�e- For additional questions regarding the information presented in this report, please contact: Del Carmen Consulting 817.681.7840 www.texasracialprofiIing.com www.delcarmenconsulting.com Disclaimer: The author of this report, Alejandro del Carmen/del Carmen Consulting , is not liable for any omissions or errors committed in the acquisition, analysis, or creation of this report. Further, Dr. del Carmen/del Carmen Consulting is not responsible for the inappropriate use and distribution of information contained in this report. Further, no liability shall be incurred as a result of any harm that may be caused to individuals and/or organizations as a result of the information contained in this report. Copyright: This report may not be altered or reproduced outside the agreed terms, in any manner whatsoever without the written permission of the author. Town Council/Board of Trustees Item # 11 — Discussion WORKSHOP ITEM 11. UPDATE AND DISCUSSION OF COOKSEY COMMUNICATIONS' AUDIT AND CONSIDERATION OF LIVE -STREAMING MEETINGS. Town Council/Board of Trustees Item # 12 — Discussion WORKSHOP ITEM 12. DISCUSSION OF STAFFING UPDATE. a. Executive Director hiring update b. MYP Principal position update Town Council/Board of Trustees Item # 13 - 14 Regular Session MUNICIPAL SERVICES 13. CONSIDER APPROVAL OF RESOLUTION 22-14, APPROVING A REPLAT OF BLOCK H, LOT 1, WESTLAKE ENTRADA ADDITION. 14. CONSIDER APPROVAL OF RESOLUTION 22-15, APPROVING A REPLAT OF BLOCK M, LOT 1, WESTLAKE ENTRADA ADDITION. WESTLAKE ACADEMY NO ITEMS ARE SCHEDULED FOR THIS MEETING. 4 T H E T 0 W N O F WESTLAKE DISTINCTIVE BY DESIGN TOWN COUNCIL AGENDA ITEM Public Hearing Monday, March 28, 2022 TOPIC: Consider approval of resolution approving a replat of Block H, Lot 1, Westlake Entrada Addition. STAFF: Ron Ruthven, Planning and Development Director STRATEGIC ALIGNMENT Vision,E I PerspectiveStrategic; Results Outcome High Quality Planning, Design & Planned / Responsible Citizen, Student & Development - We are a desirable well planned, high -quality Preserve Desirability Development Stakeholder community that is distinguished by & Quality of Life exemplary design standards. SUMMARY The property owner MRW Investors is requesting a replat of Entrada Block H Lot 1, to subdivide the block into three single family residential lots for the purpose of constructing villas. The lot layout is consistent with the most currently approved development plan. COUNCIL ACTION/OPTIONS • Approve the proposed Resolution; • Deny the proposed Resolution; • Table the item. PLANNING AND ZONING COMMISSION RECOMMENDATION On March 14, 2022, the Planning and Zoning Commission voted to recommend approval of the proposed replat by a (5-0) vote. STAFF RECOMMENDATION Approval. FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: N/A Contract: No Funding Source: N/A Forms: N/A Page 1 of 2 DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy: The additional lots shown on the replat are consistent with the approved zoning and development plan for Entrada as amended. Per the terms of Resolution 13-17, Entrada Economic Development Agreement, these lots shall require the payment of $10,000 per lot into capital funds specific to Westlake Academy prior to recording the plat. Comprehensive Plan: The request complies with the Entrada development plan, which, in turn, complies with the comprehensive plan. Traffic Impact: The traffic impact of the additional lots are accounted for in the original Entrada TIA. Therefore, no additional study is needed. ATTACHMENTS 1. Proposed Resolution approving thr replat Page 2 of 2 TOWN OF WESTLAKE RESOLUTION NO.22-14 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS APPROVING A REPLAT OF LOT 1, BLOCK H, WESTLAKE ENTRADA ADDITION. WHEREAS, the proposed replat complies with the Entrada zoning regulations and development plan as amended; and, WHEREAS, the Planning and Zoning Commission held a public on March 14, 2022 and voted unanimously to recommend approval of the replat; 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 of Westlake, Texas, after considering the recommendation for approval from the Planning and Zoning Commission on March 14, 2022, does hereby approve the replat as found in the attached document 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. SECTION 4: That this resolution shall become effective from and after its date of passage. Resolution 22-14 Page 1 of 3 PASSED AND APPROVED ON THIS 28TH DAY OF MARCH 2O22. ATTEST: Laura Wheat, Mayor Jarrod Greenwood, Interim Town Secretary Amanda DeGan, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Resolution 22-14 Page 2 of 3 EXHIBITS EXHIBIT A Replat of Lot 1, Block H, Westlake Entrada Addition Resolution 22-14 Page 3 of 3 OWNER'S CERTIFICATE LEGEND STATE OF TEXAS - COUNTY OF TARRANT - WHEREAS, MRW Investors, LLC is the owner of that 0.569 acre (24,766 square foot) tract of land situated in the C.M. Throop Survey, Abstract Number 1510, in the Town of Westlake, Tarrant County, Texas; being part of that tract of land described as Block B, Lot 1 of Westlake Entrada in Correction Special Warranty Deed to MRW Investors, LLC as recorded in Instrument Number D219182131 of the Official Public Records of Tarrant County, Texas; and being all of Lot 1, Block H, Westlake Entrada, an addition to the Town of Westlake as recorded in Instrument Number D218140387 of the Plat Records of Tarrant County, Texas; said 0.569 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING, at a 5/8-inch iron rod with "BGE" cap found at the northwest corner of said Lot 1; said point being the southwest corner of Lot 2 of said Block H; said point being in the east right-of-way line of Catalonia (24-foot wide right-of-way); THENCE, North 73 degrees 25 minutes 09 seconds East, departing the east line of said Catalonia, a distance of 114.18 feet to a 5/8-inch iron rod with "BGE" cap found at the northeast corner of said Lot 1 and the southeast corner of said Lot 2; said point being in the west right-of-way line of Cardona (24-foot wide right-of-way); THENCE, with the east line of said Block H and the west line of said Cardona, the following three (3) courses and distances: South 06 degrees 27 minutes 20 seconds East, a distance of 44.56 feet to a 5/8-inch iron rod with "BGE" cap found for corner at the beginning of a non -tangent curve to the left; In a southeasterly direction, with said curve to the left, an arc length of 151.39 feet, having a radius of 399.39 feet, a central angle of 21 degrees 43 minutes 05 seconds, and a chord which bears South 17 degrees 58 minutes 05 seconds East, 150.48 feet to a5/8-inch iron rod with "BGE" cap found for corner at the beginning of a reverse curve to the right; In a southwesterly direction, with said curve to the right, an arc length of 44.36 feet, having a radius of 30.00 feet, a central angle of 84 degrees 43 minutes 29 seconds, and a chord which bears South 12 degrees 52 minutes 56 seconds West, 40.43 feet to a 5/8-inch iron rod with "BGE" cap found for corner; THENCE, South 55 degrees 14 minutes 40 seconds West, with the south line of said Block H, a distance of 34.83 feet to a 5/8-inch iron rod with "BGE" cap found for corner at the beginning of a tangent curve to the right; said point being in the east line of said Catalonia; THENCE, with the west line of said Block H and the east line of said Catalonia, the following five (5) courses and distances: In a northwesterly direction, with said curve to the right, an arc length of 66.21 feet, having a radius of 38.00 feet, a central angle of 99 degrees 49 minutes 50 seconds, and a chord which bears North 74 degrees 50 minutes 25 seconds West, 58.15 feet to a5/8-inch iron rod with "BGE" cap found for corner; North 24 degrees 55 minutes 30 seconds West, a distance of 115.06 feet to a 5/8-inch iron rod with "BGE" cap found for corner at the beginning of a tangent curve to the right; In a northerly direction, with said curve to the right, an arc length of 10.47 feet, having a radius of 30.00 feet, a central angle of 20 degrees 00 minutes 00 seconds, and a chord which bears North 14 degrees 55 minutes 30 seconds West, 10.42 feet to a5/8-inch iron rod with "BGE" cap found for corner; North 04 degrees 55 minutes 30 seconds West, a distance of 56.29 feet to a 5/8-inch iron rod with "BGE" cap found for corner at the beginning of a tangent curve to the left; In a northwesterly direction, with said curve to the left, an arc length of 30.93 feet, having a radius of 54.00 feet, a central angle of 32 degrees 49 minutes 21 seconds, and a chord which bears North 21 degrees 20 minutes 11 seconds West, 30.51 feet to the POINT OF BEGINNING and containing an area of 0.569 acres or 24,766 square feet of land, more or less. OWNER'S DEDICATION NOW THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: THAT, MRW Investors, LLC does hereby adopt this plat, designating the herein above described property as Westlake Entrada, Lots 1 R1, 1 R2 and 1 R3, Block H, an addition to the Town of Westlake, Tarrant County, Texas. The utility and fire lane easements shall be open to the public, fire and police units, garbage and rubbish collection agencies and the public and private utilities specifically approved by the Town of Westlake for the use of a particular easement. The maintenance of paving or any other surfaces on the utility and fire lane easements is the sole responsibility of the property owner. No buildings, fences, trees, shrubs or other improvements or growths shall be constructed, reconstructed or placed upon, over or across the easements as shown. Said easements being hereby reserved for mutual use and accommodation of all public utilities specifically approved by the Town of Westlake. Any public utility specifically approved by the Town of Westlake to use a particular easement shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs or other improvements or growths which in any way may endanger or interfere with construction, maintenance, or efficiency of its system on the easement and that public utility shall at all times have the right of ingress and egress to or from and upon the easement for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining and adding to or removing all or part of its system, subject to complying with all ordinances, rules, regulations and resolutions of the Town of Westlake, Texas. The Town of Westlake, Texas, and the public utility shall have the right of ingress and egress to private property for the purpose of reading meters, maintenance and service required or ordinarily performed by that utility. Water main and wastewater easements shall also include additional area of working space for construction and maintenance of the systems. Additional area is also conveyed for installation and maintenance of manholes, cleanouts, fire hydrants, water services and wastewater services from the main to the curb or pavement line. Description of these additional easements herein granted shall be determined by their locations as installed. This plat approved subject to all platting ordinances, rules, regulations, and resolutions of the Town of Westlake, Tarrant County, Texas. WITNESS MY HAND, THIS THE DAY OF Signature NOTARY CERTIFICATE STATE OF TEXAS - COUNTY OF DALLAS -- Printed Name / Title 2021. BEFORE ME, the undersigned authority, a Notary Public in and for said county and state, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration thereof expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS DAY OF 2021. NOTARY PUBLIC in and for the STATE OF TEXAS SURVEYOR'S CERTIFICATE STATE OF TEXAS COUNTY OF TARRANT - That I, Ren6 Silvas, do hereby certify that I prepared this Plat and the field notes made a part thereof from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my personal supervision, in accordance with the Subdivision regulations of the Town of Westlake, Texas. Dated this the day of 2021. Preliminary, this document shall not be recorded for any purpose and shall not be used or viewed or relied upon as a final survey document. Rene Silvas Registered Professional Land Surveyor No. 5921 WESTLAKE ENTRADA LOT 2, BLOCK H (INST. NO. D218140387) P.R.T.C.T. MRW INVESTORS, LLC (INST. NO. D219182131) O.P.R.T.C.T. 19 STATE PLANE COORDINATES:"' 7�043D700 87 \ \ \ �4 1'5 25 O E: 2,372,969.37 \ \ �.O.8. \\ CIRF \\ \ \ 1 \ I CIRF I I I I I I I N II I I LO I I II I 00 I I o I I I 0LO I N I I I O I I 0 I I CIRF 1 II LA \ CIRF \\ \ \C) \ `1 \ \ \\ 7.5' WATER EASEMENT (INST NO D218140387) P.R.T.C.T. \ \ \ \ CIR \ WESTLAKE ENTRADA \\ \ LOT 1, BLOCK J (INST. NO. D218140387) \\ P.R.T.C.T. \\ C2 MRW INVESTORS, LLC (INST. NO. D219182131) \ 1 \ O.P.R.T.C.T. \ LOT 17X I I i r I ►J r C4 to N CIRF D J N%1 J W 0! �0 1 N I 0 10 20 40 I I SCALE: 1" = 20' CIF CIRS XF xS O.P.R.T.C.T. P.R.T.C.T. P.O.B. CURVE TABLE NUMBER DELTA RADIUS CHORD BEARING CHORD DISTANCE ARC LENGTH C1 84"43'29" 30.00' S 12°52'56" W 40.43' 44.36' C2 99°49'50" 38.00' N 74°50'25" W 58.15' 66.21' C3 20'00'00" 30.00' N 14'55'30" W 10.42' 10.47' C4 3221 " 54.00' N 21'20' 1 1 " W 30.51' 30.93' 7.5' WATER, TRI-COUNTY, LIGHTING, ATMOS, & DUCT BANK EASEMENT n \� (INST. NO. D218140387) Q \ P.R.T.C.T. �z \ .07 \\ WESTLAKE ENTRADA Q \ LOT 1, BLOCK G +� \ (INST. NO. D218140387) \ P.R.T.C.T. \ MRW INVESTORS, LLC Q \ \\ (INST. NO. D219182131) j \ \ O.P.R.T.C.T. �O \ ��.Jill tp. \ \\ % \ \ STATE PLANE COORDINATES: N: 7,043,546.07 E: 2,373,130.27 \ \ CIRF \ \ U \ v` IIP Ilktk CIRF / LOT 16 MARSHALL D. SMITH AND VICKI S. SMITH 1 (INST. N0. D220252714) O.P.R.T.C.T. NOTARY CERTIFICATE LOT 18X \ WESTLAKE ENTRADA �\ \ / BLOCK J �\ \ (INST. NO. D217079323) \\ \ P.R.T.C.T. \ \ LOT 15 \ THE JAMES DOUGLAS MIZE AND SHELLEY RAE MIZE / \ LIVING TRUST / \ (INST. N0. D221265966) O.P.R.T.C.T. / / STATE OF TEXAS COUNTY OF TARRANT - BEFORE ME, the undersigned authority, a Notary Public in and for said county and state, on this day personally appeared Ren6 Silvas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration thereof expressed and in the capacity therein stated and as the act and deed therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF .20 RECORDED IN INSTRUMENT NO: CROW'S FOOT CUT IN CONCRETE 1/2-INCH CAPPED IRON ROD WITH "BGE" CAP SET "X" CUT IN CONCRETE FOUND "X" CUT IN CONCRETE SET MONUMENT OF RECORD DIGNITY OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY TEXAS PLAT RECORDS OF TARRANT COUNTY TEXAS POINT OF BEGINNING PROPERTY LINE EASEMENT LINE SET BACK LINE ABSTRACT LINE GENERAL NOTES Q o � J \ Q 114 i D -CV ccU I" ITA R C U TY so BLVD 11 0 mLOVE ROAD Q 0 VICINITY MAP (Not to Scale) 1. Basis system for this survey is based on a bearing of North 73 degrees 25 minutes 09 seconds East for the north line of Lot 1, Block H, Westlake Entrada, an addition to the Town of Westlake, Texas as recorded in Instrument No. D21840387 of the Plat Records of Tarrant County, Texas. 2. Coordinates shown are North American Datum of 1983, NA2011 (Epoch 2010.00), Texas State Plane Coordinate System, North Central Zone (4202). 3. No Floodplain exists on this site. 4. Selling a portion of this property by metes and bounds is a violation of the Town Ordinance and State Law and is subject to fines and withholding of utilities and building permits. 5. No generic "U.E.s" (utility easements) will be allowed. No easement will be allowed by separate instrument without written approval by the Town of Westlake. 6. Unless otherwise noted, all boundary & lot corners are 5/8-inch iron rod with "BGE" cap. 7. The purpose of this plat is to replat one lot into three lots to facilitate development. REPLAT APPROVED BY THE TOWN OF WESTLAKE PLANNING AND ZONING COMMISSION FOR THE PREPARATION OF A FINAL PLAT: Chairman Date Secretary Date REPLAT APPROVED BY THE TOWN OF WESTLAKE TOWN COUNCIL FOR THE PREPARATION OF A FINAL PLAT: Mayor Date Secretary Date REPLAT OF WESTLAKE ENTRADA LOTS 1 R1, 1 R2 & 1 R3, BLOCK H 3 LOTS BEING 0.569 ACRES AND BEING A REPLAT OF LOTS 1, BLOCK H, WESTLAKE ENTRADA, RECORDED IN INSTRUMENT NO. D218140387 IN THE C.M. THROOP SURVEY, ABSTRACT NO. 1510 TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS NOVEMBER 2021 OWNER MRW INVESTORS, LLC 1800 Valley View Lane, Ste 300 Farmers Branch, Texas 75234 Contact: Mr. Michael Beaty Phone:214-287-9009 SURVEYOR BGE, Inc. 777 Main Street, Suite 1900, Fort Worth, TX 76102 Tel: 817-887-6130 • www.bgeinc.com TBPLS Registration No. 10194416 Copyright 2021 Contact: Ren6 Silvas, R.P.L.S. Telephone: (817) 752-4183 0 Email: rsilvas@bgeinc.com 4 T H E T 0 W N O F WESTLAKE DISTINCTIVE BY DESIGN TOWN COUNCIL AGENDA ITEM Public Hearing Monday, March 28, 2022 TOPIC: Consider approval of resolution approving a replat of Block M, Lot 1, Westlake Entrada Addition. STAFF: Ron Ruthven, Planning and Development Director STRATEGIC ALIGNMENT Vision,E I PerspectiveStrategic; Results Outcome High Quality Planning, Design & Planned / Responsible Citizen, Student & Development - We are a desirable well planned, high -quality Preserve Desirability Development Stakeholder community that is distinguished by & Quality of Life exemplary design standards. SUMMARY The property owner Greg Fox of BG Fox, LLC is requesting a replat of Entrada Block M Lot 1, to subdivide the block into eighteen single family residential lots for the purpose of constructing townhomes. The lot layout is consistent with the most currently approved development plan and site plans. COUNCIL ACTION/OPTIONS • Approve the proposed Resolution; • Deny the proposed Resolution; • Table the item. PLANNING AND ZONING COMMISSION RECOMMENDATION On March 14, 2022, the Planning and Zoning Commission voted to recommend approval of the proposed replat by a (5-0) vote. STAFF RECOMMENDATION Approval. FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: N/A Funding Source: N/A Page 1 of 2 Contract: No Forms: N/A DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy: The additional lots shown on the replat are consistent with the approved zoning and development plan for Entrada as amended. Per the terms of Resolution 13-17, Entrada Economic Development Agreement, these lots shall require the payment of $10,000 per lot into capital funds specific to Westlake Academy prior to recording the plat. Comprehensive Plan: The request complies with the Entrada development plan, which, in turn, complies with the comprehensive plan. Traffic Impact: The traffic impact of the additional lots are accounted for in the original Entrada TIA. Therefore, no additional study is needed. ATTACHMENTS 1. Proposed Resolution approving thr replat Page 2 of 2 TOWN OF WESTLAKE RESOLUTION NO.22-15 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS APPROVING A REPLAT OF LOT 1, BLOCK M, WESTLAKE ENTRADA ADDITION. WHEREAS, the proposed replat complies with the Entrada zoning regulations and development plan as amended; and, WHEREAS, the Planning and Zoning Commission held a public on March 14, 2022 and voted unanimously to recommend approval of the replat; 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 of Westlake, Texas, after considering the recommendation for approval from the Planning and Zoning Commission on March 14, 2022, does hereby approve the replat as found in the attached document 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. SECTION 4: That this resolution shall become effective from and after its date of passage. Resolution 22-15 Page 1 of 3 PASSED AND APPROVED ON THIS 28TH DAY OF MARCH 2O22. ATTEST: Laura Wheat, Mayor Jarrod Greenwood, Interim Town Secretary Amanda DeGan, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Resolution 22-15 Page 2 of 3 EXHIBITS EXHIBIT A Replat of Lot 1, Block M, Westlake Entrada Addition Resolution 22-15 Page 3 of 3 LEGEND U) n3 L LO 00 O N 0 N LOT 1 BLOCK P --- -----_ / WESTLAKE ENTRADA _ _ - - - - - _� - - 7 (INST. NO. D218140387) _ O.P.R.T.C.T. - - - WATER EASEMENT - \ �_----_---- (INST. NO. D218140387) ` \ "X" CUT IN \ 10'X20' TRI-COUNTY CONCRETE FOUND \ G�RON EASEMENT _ 15' DRAINAGE EASEMENT \ R 0,W.) (INST.. D21602720) - (INST. N0. D21602720) \ o WIDTH O.P.R.T.C.T. \ (VARIABLE �g�4038�� "X" CUT IN S � - O.P.R.T.C.T. \ \ _ N ;NST 0• D2 T -CONCRETE FOUND C5 8 1 -2 ] 20" E N N R,C. 35. 2 3' LIGHT ESMT. _ - - 2+40" E 64.5g 2�•36' I I / FOUND CH ROD (INST. N0. D21 P.R T?CT) I N ,a L - - - - J < 1 CIRF L1 L _ CIRF C4 CIRF 4?N 90°00'00" E 54.67' N 34°45'40" E \ / N 63`0 3`35�, 10'X10' WATER EASEMENT w 30.62' 2.37 V �S'' 6' / (INST. NO. D216027206) - (j� 16.00' w 1.34 0�, w P.R.T.C.T. > S 00°32 33» W LOT 13 0 �' 39 I N 90°00'00" E 55.15' 3•39' o iv 1,403 SQ. FT. o � LOT 12 w oo 0.032 ACRES o Sri 1,334 SQ. FT. o "x" CUT IN 1 w 1 47' 0 LOT 19X o c�1 o N S 6 0.031 ACRES CONCRETE F UND 0 LOT 16 i� O 3,756 SQ. FT. 8.50 O ry 3� 1 I o V) 1,407 SQ. FT. LO 0 0.086 ACRES z N 90°00'00" E 46.84' N o ��S L2 o N �0.032 ACRES N O w 46.84' T:- ,,� F CIRF 15' DRAINAGE EASEMENT O - 40 (INST. NO. D216027206) 10 2.79 O 8.04 O 7.82 lv LOT 1 1 s� �9' `0 3 P.R.T.C.T. I I z N 90°00'00" E 52.33' N o LOT 14 iv 1,264 SQ. FT. � i 40 O 1,379 SQ. FT. 0 0.029 ACRES O / LOT 1 1 I w w oo N 0.032 ACRES O N `�, 6 ..4 / BLOCK N I 1 1 0 _ LOT 17 0 � 7.48' z O �� ^ 30�45.. .� W 10' ELEC. ESMT. / I I I o � 1,504 SQ. FT. O i0 N 90°00 00 E 47.17 cn N w N M I (INST. NO. D216027206) / 1 w I -0 0 1 2.700.035 ACRES o V w = N�`' SS <v ^ / P.R.T.C.T. = 1 o I p (V cV O 8 17' LOT 10 �S' / 0 1 z_ N 90°00'00" E 47.67' O a M 00 LOT 15 0 00 1 ,402 SQ. FT. / --_---- Z I of - cn O S 3. 0.032 ACRES 0.76 w w Z 1 ,398 SQ. FT. 0 6 ' »x" CUT IN Q w `n 0.032 ACRES N 0�' / I Z 1 - 8.00' - - C4 o o� CONCRETE 0 ^c�j FOUND / - 1 I O N LOT 18 N o - o cn c°` F Sg ,,c• / I O 1,404 SQ. FT. N O o 3.72' 2 VARIABLE S.S.E. I I O � O O 8' (INST. N0. D216027206) I t oo c� 0.032 ACRES N o 0 0 N 90°00 00 E 54.73 LOT 9 / in P.R.T.C.T. �� O O Lo �/ S 1 ,433 SQ. FT. N I z N 90°00 00 E 55.67 N 24 17' z N ri h 6�3• 0.033 ACRES I ' 1.42' N 90°00'00" E .ham ^0^ �4s., F - CFF I " I �� N°5,59Sg 65, � / ? LOT 8 `3 S � \ o / S 1 ,336 SQ. T. O -� 0 1, :: / Q o N : #= '. , i._ �,�;__ r_,. , r' i:;�, 63� j .031 ACRES Vr / \ \ / 3 / / BLOCK M 1 F 536.70 A,'y' 15' DRAINAGE ESMT. Q Z 0- / 18' PARKING & ACCESS LOT 20X S 6 S>> (� qT (INST. NO. D216027206) \ I / , / EASEMENT 22,657 SQ. FT. `30). 0 �' / P.R.T.C.T. \ / / (BY THIS PLAT) �2 0.520 ACRES " ' / X" CUT IN / CONCRETE / FOUND LOT 2 o / N 76°32, •�N �^ / / / •o / 49 W LOT 7 � / o S �Y h N �// 34 10' 8°391, �,. E ° ,� Z 1,885 SQ. FT. I z/ 22 5o N 90 00 00 E 72.77 0.043 ACRES 4/ d cVC n 16.98' 24.33' 31.45' h / / M 5.55' N / S / p / LOT 1 ^3 0 68'O�so., �o CIRF 1,673 SQ. FT. to w n 3S3 , ICE'N / LOT 5, BLOCK H 0.038 ACRES v 3 q� 8 / / / \ J d co N N 0 o / / WESTLAKE ENTRADA 2 LOT 2 LOT 3 o LOT 4 o LOT 5 0 °' / (INST. N0. D218140387) 1.s8. C' 1 ,299 SQ. FT. � 1 ,302 SQ. FT. u7 1 ,222 SQ. FT. u7 1,580 SQ. FT. oo / / 0.P.R.T.C.T. / 34 0.030 ACRES ! 0.030 ACRES 0.028 ACRES 0.036 ACRES o LOT 6 / / 08 o O ^� 1,499 SQ. FT. / 5 0.034 ACRES,q> U) l l / 6 �iGNT •o l 7» W i3 2�1,�7 cn 5.50' 2.84' co C9 // 0.PRTNo �21 02e2NK EASEM 86 25.01' 24.33' 28.61' 06) ENT C11 S 90°00'00" W 77.95' / S / LOT 3 C4 0 _ �3° / 1 S 75° LOT 21 X o 0 07'5 / 1 1.89' / / 0 1 %" 0 O E / 7.5' WATER, TRI-COUNTY, "X" CUT IN /�, E 73•87' o' 0 5 ACR S ARTA COURT o N 28.31 > // LIGHTING, ATMOS, & DUCT BANK EASEMENT CONCRETE FOUND / J TRI-COUNTY EASEMENT O / / (INST. NO. D218140387) BLOCK N I C1 �/�6 / (BY THIS PLAT) C10 S 90°00 00 E 77.94 z O.P.R.T.C.T. / / WESTLAKE ENTRADA _ CIRF (INST. NO. D218140387) I I 1 DUE WEST 205.47' 0.P.R.T.C.T. •0•�• / "X" CUT IN CONCRETE-----I / CONCR1 TE FOUND WATER EASEMENT I I (INST. NO. D216204548) O.P.R.T.C.T. LOT 2R, BLOCK M I I I 0 I I 18' ELECTRIC EASEMENTWESTLAKE ENTRADA PRIMROSE ) (INST. 0. .R T.0 T04548) OINP.R.T.0 T. D216204548 / CURVE TABLE NUMBER ARC LENGTH RADIUS DELTA CHORD BEARING CHORD DISTANCE C1 4.11' 29.37' 8`00'50" N 11 `02'06" E 4.10' C2 14.14' 54.00' 15.00'00" N 07°30'00" E 14.10' C3 51.60' 30.00, 98.32'40" N 49`16'20" E 45.47' C4 58.47' 167.50' 20°00'00" N 88°32'40" E 58.17' C5 46.25' 132.50' 20.00'00" N 88.32'40" E 46.02' C6 50.54' 30.00, 96.31'50" S 33`11'25" E 44.77' C7 65.62' 188.00' 20°00'00" S 25°04'30" W 65.29' C8 71.43' 212.00' 19.18'15" S 25.25'22" W 71.09' C9 15.70' 10.00' 89°58'43" S 59°59'21" W 14.14' C10 11.78' 45.00' 15`00'00" N 82*31'17" W 11.75' C11 4.13' 21.00' 11 `16'20" N 84.23'07" W 4.12' C12 15.71' 10.00' 90.01'17" N 30°00'39" W 14.14' C13 18.85' 72.00' 15`00'00" N 07.30'00" E 18.80' C14 12.36' 10.00' 70°48'35" S 35°25'35" E 11.59' C15 14.61' 10.00' 83.43'40" S 37.29'06" W 13.35' LINE TABLE NUMBER BEARING DISTANCE L1 S 81.27'20" E 4.83' L2 N 90°00'00" W 18.02' L3 S 75`01'18" E 18.05' L4 S 74.54'12" E 16.00' L5 S 14.59'43" W 19.86' L6 N 75.25'04" W 16.00' RECORDED IN INSTRUMENT NO: N 0 10 20 40 SCALE: 1" = 20' GENERAL NOTES: CFF CROW'S FOOT CUT IN CONCRETE CIRF 5/8-INCH IRON ROD WITH "BGE" CAP FOUND XF "X" CUT IN CONCRETE FOUND XS "X" CUT IN CONCRETE SET INST. INSTRUMENT NO. NUMBER O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY TEXAS P.R.T.C.T. PLAT RECORDS OF TARRANT COUNTY TEXAS PG. PAGE P.O.B. POINT OF BEGINNING R.O.W. RIGHT OF WAY SQ. FT. SQUARE FEET ❑ MONUMENT RECORD DIGNITY PROPERTY LINE EASEMENT LINE SET BACK LINE - - ABSTRACT LINE 0 Q 0 114 = DENTON COUNTY TARRANT COUNTY so BLVD 0 m LOVE ROAD Cn a 0 VICINITY MAP (Not to Scale) 1. Bearing system and coordinates shown shown are North American Datum of 1983, NA2011 (Epoch 2010.00), Texas State Plane Coordinate System, North Central Zone (4202). 2. The floodplain boundaries shown hereon are approximate and are not depicted as a result of an on -the -ground survey. The subject tract lies with Zone X as delineated on Flood Insurance Rate Map for Tarrant County, Texas and Incorporated Areas, Map Number 48439CO085K with Map Revised September 25, 2009. Zone X - Areas determined to be outside the 0.2% annual chance floodplain 3. Selling a portion of this property by metes and bounds is a violation of the Town Ordinance and State Law and is subject to fines and withholding of utilities and building permits. 4. No generic "U.E.s" (utility easements) will be allowed. No easement will be allowed by separate instrument without written approval by the Town of Westlake. 5. Unless otherwised noted, all boundary corners & lot corners are 5/8-inch iron rods found with "BGE" cap set. 6. Maintenance of parking and access easements shall be the responsibility of the Property Owners Association. 7. Lot 19X, Lot 20X and Lot 21X shall be owned and maintained by the Property Owners Association. 8. Drainage easements on this plat shall be privately owned and maintained by the property owner or Property Owners Association and not by the Town of Westlake. 9. All pedestrian access easements are private, common access easements. 10. Easements shown within the bounds of this plat, without recording information, are hereby dedicated by this plat. REPLAT WESTLAKE ENTRADA LOTS 1 THRU 18, 19X, 20X and 21X, BLOCK M1 21 LOTS BEING 1.292 ACRES AND BEING A REPLAT OF LOT 1, BLOCK M, WESTLAKE ENTRADA, RECORDED IN INSTRUMENT NUMBER D216027206 IN THE WILLIAM H. PEA SURVEY, ABSTRACT No. 1246 TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS NOVEMBER 2021 SHEET 1 OF 2 OWNER BG FOX, LLC 129 S. Main Street Grapevine, Texas 76051 SURVEYOR BGE, Inc. 777 Main Street, Suite 1900, Fort Worth, TX 76102 Tel: 817-887-6130 • www.bgeinc.com TBPLS Registration No. 10194416 Copyright 2021 Contact: Rene Silvas, R.P.L.S. Telephone: (817) 752-4183 0 Email: rsilvas@bgeinc.com OWNER'S CERTIFICATE OWNER'S DEDICATION SURVEYOR'S CERTIFICATE STATE OF TEXAS COUNTY OF TARRANT -- WHEREAS, BG Fox, LLC is the owner of that 1.292 acre (56,274 square foot) tract of land situated in the William H. Pea Survey, Abstract No. 1246, in the Town of Westlake, Tarrant County, Texas; being all of that tract of land described in Special Warranty Deed with Vendor's Lien to BG Fox, LLC as recorded in Instrument No. D220134949 of the Official Public Records of Tarrant County, Texas; and being all of Lot 1, Block M, Westlake Entrada, an addition to the Town of Westlake as recorded in Instrument No. D216027206 of the Plat Records of Tarrant County, Texas; said 1.292 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING, at an "X" cut in concrete found at the southwest corner of said Lot 1; said point being the northwest corner of Lot 2R, Block M, Westlake Entrada Primrose, an addition to the Town of Westlake recorded in Instrument No. D216204548 of said Plat Records; said point being in the east right-of-way line of Arta (a 24 foot wide right-of-way); said point being the beginning of a curve to the right; THENCE, along the west line of said Lot 1 and the east line of said Arta, the following five (5) courses and distances: In a northeastern direction, with said curve to the right, an arc length of 4.11 feet, having a radius of 29.37 feet, a central angle of 08 degrees 00 minutes 50 seconds, and a chord which bears North 11 degrees 02 minutes 06 seconds East, 4.10 feet to an "X" cut in concrete found for corner; North 15 degrees 00 minutes 00 seconds East, a distance of 129.71 feet to a "crow's" foot cut in concrete found for corner; said point being the beginning of a tangent curve to the left; In a northeastern direction, with said curve to the left, an arc length of 14.14 feet, having a radius of 54.00 feet, a central angle of 15 degrees 00 minutes 00 seconds, and a chord which bears North 07 degrees 30 minutes 00 seconds East, 14.10 feet to a point corner; Due North, a distance of 57.47 feet to an "X" cut in concrete found for corner; said point being the beginning of a tangent curve to the right; In a northeastern direction, with said curve to the right, an arc length of 51.60 feet, having a radius of 30.00 feet, a central angle of 98 degrees 32 minutes 40 seconds, and a chord which bears North 49 degrees 16 minutes 20 seconds East, 45.47 feet to a 5/8-inch iron rod with "BGE" cap found for corner; said point being in the north line of said Lott and the south line of Girona (a variable width right-of-way); THENCE, along the north line of said Lot 1 and the south line of said Girona, the following six (6) courses and distances: South 81 degrees 27 minutes 20 seconds East, a distance of 4.83 feet to a 5/8-inch iron rod with "BGE" cap found for corner; said point being the beginning of a tangent curve to the left; In an eastern direction, with said curve to the left, an arc length of 58.47 feet, having a radius of 167.50 feet, a central angle of 20 degrees 00 minutes 00 seconds, and a chord which bears North 88 degrees 32 minutes 40 seconds East, 58.17 feet to a 5/8-inch iron rod with "BGE" cap found for corner; North 78 degrees 32 minutes 40 seconds East, a distance of 64.59 feet to an "X" cut in concrete found for corner; said point being the beginning of a tangent curve to the right; In an eastern direction, with said curve to the right, an arc length of 46.25 feet, having a radius of 132.50 feet, a central angle of 20 degrees 00 minutes 00 seconds, and a chord which bears North 88 degrees 32 minutes 40 seconds East, 46.02 feet to an "X" cut in concrete found for corner; South 81 degrees 27 minutes 20 seconds East, a distance of 35.92 feet to a 5/8-inch iron rod found for corner; said point being the beginning of a tangent curve to the right; In an eastern direction, with said curve to the right, an arc length of 50.54 feet, having a radius of 30.00 feet, a central angle of 96 degrees 31 minutes 50 seconds, and a chord which bears South 33 degrees 11 minutes 25 seconds East, 44.77 feet to a 5/8-inch iron rod with "BGE" cap found for corner; said point being in the east line of said Lot 1 and the west way line of Catalonia (a 24 foot wide right-of-way); THENCE, along the east line of said Lot 1 and the west line of said Catalonia, the following four (4) courses and distances: South 15 degrees 04 minutes 30 seconds West, a distance of 38.85 feet to an "X" cut in concrete found for corner; said point being the beginning of a tangent curve to the right; In a southwestern direction, with said curve to the right, an arc length of 65.62 feet, having a radius of 188.00 feet, a central angle of 20 degrees 00 minutes 00 seconds, and a chord which bears South 25 degrees 04 minutes 30 seconds West, 65.29 feet to an "X" cut in concrete found for corner; South 35 degrees 04 minutes 30 seconds West, a distance of 50.74 feet to a 5/8-inch iron rod with "BGE" cap found for corner; said point being the beginning of a tangent curve to the left; In a southwestern direction, with said curve to the left, an arc length of 71.43 feet, having a radius of 212.00 feet, a central angle of 19 degrees 18 minutes 15 seconds, and a chord which bears South 25 degrees 25 minutes 22 seconds West, 71.09 feet to a 5/8-inch iron rod with "BGE" cap found at the southeast corner of said Lot 1 and the northeast corner of said Lot 2R; THENCE, Due West, along the south line of said Lot 1 and the north line of said Lot 2R, a distance of 205.47 feet to the POINT OF BEGINNING and containing an area of 1.292 acres or 56,274 square feet of land, more or less. NOW THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: THAT, BG Fox, LLC does hereby adopt this plat, designating the herein above described property as Westlake Entrada, Lots 1 thru 18, 19X, 20X and 21X, Block M, an addition to the Town of Westlake, Tarrant County, Texas. The utility and fire lane easements shall be open to the public, fire and police units, garbage and rubbish collection agencies and the public and private utilities specifically approved by the Town of Westlake for the use of a particular easement. The maintenance of paving or any other surfaces on the utility and fire lane easements is the sole responsibility of the property owner. No buildings, fences, trees, shrubs or other improvements or growths shall be constructed, reconstructed or placed upon, over or across the easements as shown. Said easements being hereby reserved for mutual use and accommodation of all public utilities specifically approved by the Town of Westlake. Any public utility specifically approved by the Town of Westlake to use a particular easement shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs or other improvements or growths which in any way may endanger or interfere with construction, maintenance, or efficiency of its system on the easement and that public utility shall at all times have the right of ingress and egress to or from and upon the easement for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining and adding to or removing all or part of its system, subject to complying with all ordinances, rules, regulations and resolutions of the Town of Westlake, Texas. The Town of Westlake, Texas, and the public utility shall have the right of ingress and egress to private property for the purpose of reading meters, maintenance and service required or ordinarily performed by that utility. Water main and wastewater easements shall also include additional area of working space for construction and maintenance of the systems. Additional area is also conveyed for installation and maintenance of manholes, cleanouts, fire hydrants, water services and wastewater services from the main to the curb or pavement line. Description of these additional easements herein granted shall be determined by their locations as installed. This plat approved subject to all platting ordinances, rules, regulations, and resolutions of the Town of Westlake, Tarrant County, Texas. WITNESS MY HAND, THIS THE DAY OF , 2021. Signature Printed Name / Title NOTARY CERTIFICATE STATE OF TEXAS COUNTY OF - BEFORE ME, the undersigned authority, a Notary Public in and for said county and state, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration thereof expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS DAY OF NOTARY PUBLIC in and for the STATE OF TEXAS 12021. STATE OF TEXAS COUNTY OF TARRANT -- That I, Rene Silvas, do hereby certify that I prepared this Plat and the field notes made a part thereof from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my personal supervision, in accordance with the Subdivision regulations of the Town of Westlake, Texas. Dated this the day of , 2021. Preliminary, this document shall not be recorded for any purpose and shall not be used or viewed or relied upon as a final survey document. Rene Silvas Registered Professional Land Surveyor No. 5921 NOTARY CERTIFICATE STATE OF TEXAS COUNTY OF TARRANT - BEFORE ME, the undersigned authority, a Notary Public in and for said county and state, on this day personally appeared Rene Silvas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration thereof expressed and in the capacity therein stated and as the act and deed therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF 20 NOTARY PUBLIC in and for the STATE OF TEXAS REPLAT APPROVED BY THE TOWN OF WESTLAKE PLANNING AND ZONING COMMISSION FOR THE PREPARATION OF A FINAL PLAT: Chairman Date Secretary Date REPLAT APPROVED BY THE TOWN OF WESTLAKE TOWN COUNCIL FOR THE PREPARATION OF A FINAL PLAT: Mayor Date Secretary Date REPLAT WESTLAKE ENTRADA LOTS 1 THRU 18, 19X, 20X and 21X, BLOCK M1 21 LOTS BEING 1.292 ACRES AND BEING A REPLAT OF LOT 1, BLOCK M, WESTLAKE ENTRADA, RECORDED IN INSTRUMENT NUMBER D216027206 IN THE WILLIAM H. PEA SURVEY, ABSTRACT No. 1246 TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS NOVEMBER 2021 SHEET 2 OF 2 OWNER BG FOX, LLC 129 S. Main Street Grapevine, Texas 76051 SURVEYOR BGE, Inc. 777 Main Street, Suite 1900, Fort Worth, TX 76102 Tel: 817-887-6130 • www.bgeinc.com TBPLS Registration No. 10194416 Copyright 2021 Contact: Rene Silvas, R.P.L.S. Telephone: (817) 752-4183 0 Email: rsilvas@bgeinc.com Town Council Item# 15 — Executive Session The Town Council will conduct a closed session pursuant to Texas Government Code annotated, Chapter 551, Subchapter D for the following: a. Section 551.071(2) — Consultation with Attorney — to seek advice of counsel on matters in which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code - FM 1938 access for proposed Southlake development. b. Section 551.071(2) — Consultation with Town Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Resolution No. 00-19, a Contract with Hillwood Development Corporation Concerning the Design Engineering and Construction of the West Side Pump Station and the Dove Road Waterline. c. Section 551.071(2) - Consultation with Attorney — to seek advice of counsel on matters of bankruptcy proceedings by the Texas Student Housing Authority. d. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Cause No. 236-304811-18 - Builder Recovery Services, LLC v The Town of Westlake. e. Section 551. 074(a)(1): Deliberation Regarding Personnel Matters — to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: - Executive Director hiring update - MYP Principal position update Town Council/Board of Trustees Item # 16 — Reconvene Town Council Meeting Town Council/ Board of Trustees Item # 17 — Necessary Action TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. Town Council/Board of Trustees Item # 18 — Recap and Staff Direction Town Council/ Board of Trustees Item # 19 — Future Agenda Items Any Town Councilmember may request at a workshop and or Town Council meeting, under "Future Agenda Item Requests", an agenda item for a future Town Council meeting. The Town Councilmember making the request will contact the Town Manager/Superintendent with the requested item and the Town Manager/Superintendent will list it on the agenda. At the meeting, the requesting Town Councilmember will explain the item, the need for Town Council discussion of the item, the item's relationship to the Town Council strategic priorities, and the amount of estimated staff time necessary to prepare for Town Council discussion. If the requesting Town Councilmember receives a second, the Town Manager/Superintendent will place the item on the Town Council agenda calendar allowing for adequate time for staff preparation on the agenda item. Future Agenda Items Scheduled: a. Designations for various properties in Westlake. (Mayor Wheat 5/24/20) ➢ Scheduled to be placed on agenda in April (1119122) b. Quarterly HOA Board Meeting Discussions. (Dasgupta 8/23/21) ➢ Scheduled to be placed on agenda in April (1124122) c. Explore finance options regarding building permanent buildings to replace the portables at Westlake Academy: options to build partnerships with Town's biggest stakeholders, so that the expense does not fall entirely on taxpayers. (White 11/15/21) ➢ Scheduled to provide update in February (1124122) d. Discussion regarding governance enrichment as a follow up to our Council retreat on May 24t" with Mike Condiff. (Wheat 11/15/21) ➢ Half day governance retreats scheduled to be placed on TC meeting dates in February -April as necessary (1124122) e. Social media policy as it relates to bullying. (Wheat 11/15/21) ➢ Scheduled to be placed on agenda in Fall of 2022 (1124122) f. Social media education policy for K-12. (Wheat 11/15/21) ➢ Scheduled to be placed on agenda in April (1124122) g. Council discuss and consider live -streaming Council meetings. (White 12/13/21) ➢ Cooksey Communication Report will be placed on the Agenda as a Standing Item that will include live streaming of Council Meetings, among other items (1124122) h. Council discuss and consider extending our lease at Solana, as current market conditions make this an attractive option. (White 12/13/21) ➢ Scheduled to be placed on agenda in May (1119122) i. Council discuss and consider amending our Town Ordinances to establish term limits for both Mayor and Council seats. For ex. 4 year or 6 year limits. (White 12/13/21) ➢ Scheduled to be placed on agenda no later than April (1119122) j. Council discuss and consider requiring developers to post a Development/Performance Bond on large projects moving forward. (White 12/13/21). ➢ Scheduled to be placed on agenda in August (1124122) k. Structural safety audit of the portables. (Dasgupta 1/19/22) ➢ Report from staff scheduled to be placed on agenda in February (1119122) I. Community engagement opportunities for Town Boards and Committees. (Dasgupta 1/19/22) ➢ Scheduled to be placed on agenda in April (1124122) m. Review of the Town's Annual budget process. (White 1/19/22). 1. Scheduled to be placed on agenda in February (1119122) n. Discussion of video communication that was published on or about the 17th of February and subsequently viewed by staff and residents and commented on by an academy staff member. What response should Council take to address staff and resident concerns? (Wheat 2/28) ➢ Scheduled to be placed on agenda on 3128 Town Council/ Board of Trustees Item # 20 — Adjournment