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HomeMy WebLinkAbout03.24.2026 TC BOT REGULAR MEETING AGENDA PACKETThe Town Council of the Town of Westlake also serves as the governing Board of Trustees for Westlake Academy. This agenda may contain both municipal and Westlake Academy items, which will be clearly identified. NOTE: To comply with Senate Bill 12, Westlake Academy items will begin no earlier than 5 p.m. but may start later depending on the progression of posted agenda items. Town Council/Board of Trustees meetings are available for viewing online via live-stream or on-demand at https://www.westlake- tx.org/787/Watch-Meetings-Live. In an effort to improve meeting efficiency, any residents wishing to speak must submit a speaker request form to the Town Secretary prior to the start of the meeting. Pursuant to Texas Government Code Section 551.127, one or more members of the Town Council may participate in this meeting by video-conference call. A quorum of the Town Council and the presiding officer will be present at the physical location of the meeting. NOTE: As authorized by Section 551.071 of the Texas Government Code, the Town Council/Board of Trustees may enter into closed Executive Session for the purpose of seeking confidential legal advice from the Town Attorney and/or School Attorney on any agenda item listed herein. A.CALL REGULAR TOWN COUNCIL MEETING TO ORDER (4 P.M.) AND ANNOUNCE A QUORUM PRESENT B.INVOCATION AND PLEDGES OF ALLEGIANCE C.CITIZEN/PUBLIC COMMENTS This is an opportunity for citizens/public to address the Town Council/Board of Trustees on any matter, whether or not it is posted on the agenda. Anyone wishing to speak on action items must submit a speaker request form to the Town Secretary prior to the start of the meeting. Individual comments are normally limited to three (3) minutes. The presiding officer may ask the speaker to hold their comment on an agenda item if the item is posted as a Public Hearing. The Town Council/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/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. D.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. D.1. Items of Community Interest MEETING NOTICE Tuesday, March 24, 2026 LOCATION: COUNCIL CHAMBER TOWN OF WESTLAKE TOWN HALL 1500 SOLANA BLVD., SUITE 7100 BUILDING 7, WESTLAKE, TX 76262 TOWN OF WESTLAKE TOWN COUNCIL MEETING 4 PM WESTLAKE ACADEMY BOARD OF TRUSTEES MEETING 5 PM REGULAR MEETING AGENDA Page 1 of 305 TOWN COUNCIL AGENDA ITEMS E. PRESENTATIONS E.1. Recognition of Westlake Academy Students E.2. Presentation of Annual Report from the Keller Police Department relative to Police Services and the Racial Profiling Report for the Town of Westlake. E.3. Update from the Texas Student Housing Authority (TSHA) (Tracy Harrow, TSHA Executive Director) F.BOARDS AND COMMISSIONS F.1. Discuss, consider and act to approve Resolution 26-05 appointing a member to the Texas Student Housing Authority Board of Directors to fill a current vacancy thru the term ending June 2026. G. WORK SESSION G.1. Discussion of Fire Department Pay Plan (Consideration of Action Regular Agenda Item J.3.) G.2. Discussion of Salary Percentiles for Employee Positions G.3. Discussion of 5-Year Capital Improvements Plan (CIP) G.4. Discussion regarding current and future budgeted Town Subsidy for Westlake Academy G.5. Discussion of Timing for Town of Westlake Audit H. 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. H.1. Discuss, consider and act to approve the February 17, 2026 Town Council/Board of Trustees Regular Meeting Minutes and the February 24, 2026 Town Council/Board of Trustees/Westlake Development Corporation, Inc. Special Joint Meeting Minutes. H.2. Discuss, consider and act to approve Resolution 26-03 authorizing the execution of the Interlocal Agreement by and between the Trinity River Authority of Texas, the Town of Westlake, and the City of Southlake for the transfer of ownership and maintenance responsibility of the Sanitary Sewer Trunk Main N-1 Wastewater Pipeline to the Trinity River Authority in perpetuity by the Town Manager. H.3. Discuss, consider and act regarding Resolution 26-04 to approve a contract authorizing a professional services agreement with Westwood Professional Services, Inc. for engineering the design of the Westlake Pump Station Generator Installation for an amount not to exceed $57,500. TC/BOT REGULAR MEETING AGENDA MARCH 24, 2026 PAGE 2 Page 2 of 305 H.4. Discuss, consider and act to approve Resolution 26-06 amending the purchasing authority spending limits for the Town Manager and Head of School to conform with changes to Texas Law enacted by Senate Bill 1173; authorizing the Town Manager and Head of School to execute purchases and contracts for goods and services up to $99,999.99 without formal competitive procurement; and providing an effective date. I. PUBLIC HEARING AND CORRESPONDING ACTION ITEM I.1. Hold a public hearing and discuss, consider and act to adopt Ordinance 1044 approving text amendments related to Sections 102-61 and 1-1 of the Unified Development Code by establishing and defining the land uses “hotel” and “motel”, by amending the land use schedule, and by establishing performance standards in a new Article X that is entitled “Supplemental Land Use Regulations”. J. REGULAR AGENDA ITEMS J.1. Discuss, consider and act to Approve a Letter of Commitment to provide for temporary storm shelter accommodations for students, staff, and visitors associated with the Westlake Academy Arts & Sciences Building Expansion project. J.2. Discuss, consider and act regarding Resolution 26-07 approving a construction contract with Sedalco Inc. for the WA Arts & Sciences Building Project in an amount not to exceed $6,700,000. J.3. Discuss, consider and act to adopt a Fire Department compensation step plan designed to position Westlake's firefighter salaries targeting the 80th percentile of the regional market. WESTLAKE ACADEMY BOARD OF TRUSTEES AGENDA ITEMS K. PARENT/PUBLIC COMMENTS This is an opportunity for parents/public to address the Board of Trustees on any matter, whether or not it is posted on the agenda. Anyone wishing to speak on action items must submit a speaker request form to the Town Secretary prior to the start of the meeting. Individual comments are normally limited to three (3) minutes. The presiding officer may ask the speaker to hold their comment on an agenda item if the item is posted as a Public Hearing. The 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 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. L.CONSENT AGENDA L.1. Discuss, consider and act regarding WA Resolution 26-07 Ratifying the Certification of Provision of Instructional Materials Allotment Survey for the 2026-2027 School Year, in compliance with the Texas Education Code and State Board of Education Rules. M.REGULAR AGENDA ITEMS M.1. (TABLED 2.17.2026, 2.24.2026) Discuss, consider and act regarding WA Resolution 26-03 to approve contracting with Technology Lab to provide Information Technology services to Westlake Academy and authorizing the Head of School to execute the agreement for same. (Dr. Kelly Ritchie, Head of School) TC/BOT REGULAR MEETING AGENDA MARCH 24, 2026 PAGE 3 Page 3 of 305 M.2. Discuss, review and acknowledge receipt of the Intruder Detection Audit Report submitted by the Texas School Safety Center and approve related corrective action and security measures at Westlake Academy as needed. N. EXECUTIVE SESSION The Town Council/Board of Trustees will conduct a closed session pursuant to Section 551.071 (2) of the Texas Government Code, for the purpose of seeking confidential legal advice from the Town Attorney/Westlake Academy Attorney for the following: N.1. Section 551.071: Consultation with and legal advice from the Town Attorney regarding pending litigation - Vertical Bridge v. Town of Westlake. N.2. Section 551.076: Deliberation regarding Security Devices or Security Audits related to Summary of Findings of an Intruder Detection Audit for Westlake Academy. N.3. Section 551.087: Deliberation regarding Economic Development Negotiations - to deliberate the offer of a financial or other incentive to business prospects: a. ED 2025-06 b. ED 2026-01 O. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS P. FUTURE AGENDA ITEMS Q. STAFF RECAP OF TOWN COUNCIL/BOARD DIRECTIONS RECEIVED R. ADJOURNMENT I certify that the above notice was posted on the bulletin board at Town of Westlake, Town Hall, located at 1500 Solana Blvd., Building 7, Suite 7100, Westlake, TX 76262, and at the Westlake Academy Administration Building located at 2600 JT Ottinger Road, Westlake, TX 76262 in compliance with the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Dianna Buchanan, Town/Board Secretary Disabilities Notice: If you plan to attend the meeting and have a disability that requires special needs, please contact the Town Secretary's Office 48 hours in advance by calling phone number 817-490-5711 and reasonable accommodation will be made to assist you. TC/BOT REGULAR MEETING AGENDA MARCH 24, 2026 PAGE 4 Page 4 of 305 DATE: March 24, 2026 AGENDA ITEM NO: D.1. FROM: Jon Sasser, Director of Communications, Communications SUBJECT: Items of Community Interest SUMMARY/BACKGROUND: Updates on events and news around Westlake and Westlake Academy. Pursuant to Texas Government Code Section 551.0415 the Town Council (and or designee) 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. NOTABLE ITEMS AND UPCOMING EVENTS: Alliance Development Forum Wednesday, March 25, 2026; 11 am-1 pm Cambria Hotel and Conference: 4450 Dale Earnhardt Wy, Northlake, TX 76262 Town Hall/Municipal Court Closed Observance of Good Friday Friday, April 3, 2026 Planning & Zoning Meeting Tuesday, April 7, 2026; 5 pm 1500 Solana Blvd, Westlake Town Council Meeting Tuesday, April 21, 2026; 4 pm 1500 Solana Blvd, Westlake Spring Concert #1 Thursday, April 23rd, 2026; 6 pm 1500 Solana Blvd, Westlake Election Day Saturday, May 2, 2026 (Westlake Polling Location: Fire Station) Spring Cleanup Saturday, May 2, 2026; 9 am-12 pm 1600 Solana Blvd, Westlake National Day of Prayer Thursday, May 7, 2026; 12 pm The Church at Trophy Lakes in Trophy Club Town Council/Board of Trustees AGENDA ITEM REPORT Page 5 of 305 Spring Concert #2 Thursday, May 7, 2026; 6 pm 1500 Solana Blvd, Westlake Fire Station Open House Saturday, May 9, 2026; 10 am-2 pm 2000 Dove Road, Westlake Additional Notes: • Election Canvass will be on May 12th • WA Senior Banquet will be on May 20th • WA Graduation will be on May 23rd • WA Gala raised (see sheet) Page 6 of 305 1V T H I T O W N O F WESTLAKE DATE: March 24, 2026 Town Council/Board of Trustees AGENDA ITEM REPORT FROM: SUBJECT: Kelly Ritchie, Head of School, Westlake Academy Recognition of Westlake Academy Students ATTACHMENTS: None SUMMARY: � WESTLAKE ACADEMY AGENDA ITEM NO: E.1. Recognition of Westlake Academy Students Shubhi Sharma (G6): Winner, Denton County Area Spelling Bee Zain Hashmani (G8): Model UN Conference First Place - Best Delegate, making him eligible for the 2026 Model United Nations National Championships. Eshan Patel (G12): DECA state champion, advancing to the International Career Development Conference in April. Westlake Academy Talent Show Winners: 1st place - Nainika Mummaneni (G4) 2nd place - Isaac Wang (G3), Jonah Crawford (G3), Eli Wang (GS), and Ethan Evans (GS) 3rd place: Dexter Shahwan (G7) and Connor Justak (G7) Girls Soccer T eam--T AIAO State Champions for 2026 Page 7 of 305 DATE: March 24, 2026 AGENDA ITEM NO: E.2. FROM: Bradley Fortune, Keller Police Chief, Town Manager's Office SUBJECT: Presentation of Annual Report from the Keller Police Department relative to Police Services and the Racial Profiling Report for the Town of Westlake. ATTACHMENTS: 1. Westlake Annual Police Services Report 2025 2. 2025 Racial Profiling Report SUMMARY : Each year the Keller Police Department provides the Town Council with an annual report regarding various police services provided to the Westlake community as well as the required racial profiling report. BACKGROUND AND DISCUSSION: The Keller Police Department continues to provide policing services to the Town of Westlake with a focus on building trust, enhancing transparency, and fostering community partnerships. In this report, Chief Fortune will provide the 2025 annual update for the police department as well as provide data surrounding our four (4) performance measures: Crime Rate, Traffic Safety, Timely Service and Quality of Service. We will also provide the annual Racial Profiling Report completed by Del Carmen Consulting. FISCAL IMPACT: None. LEGAL REVIEW: N/A. RECOMMENDATION: Receive the information contained within the reports. ACTION OPTIONS: Receive the reports. Town Council/Board of Trustees AGENDA ITEM REPORT Page 8 of 305 2025 Chief Bradley G. Fortune March 14, 2026 SERVICE ~ JUSTICE ~ FAIRNESS Page 9 of 305 Town of Westlake Annual Summary Report 2025 2 PERFORMANCE SUMMARY The men and women of the Keller Police Department adapted to the various challenges they were faced with throughout 2025 and continued to provide excellent service to the citizens of Westlake as evident by their four (4) performance measures: Crime Rate (1.48 per 1,000 in daytime population), Traffic Safety (13% decrease reportable traffic crashes), Timely Service (4:17 minute average response time to an emergency call) and Quality of Service (98% rated the overall competency as well as department employees’ attitudes and behavior as having met or exceeded expectations). Westlake finished the year with 34 reported Part 1 Crimes. Department objectives coupled with a continued focus on establishing and enhancing relationships, community engagement, 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 engage, was directly responsible for maintaining a low crime rate in Westlake and continuing to be responsive to the needs of our community. As of December 31, 2025, we had five (5) professional staff vacancies (five (5) NETCOM Dispatchers) in the organization. This is 96% of our authorized positions filled. 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 2025 and the preceding ten years. This report does not account for the service level in Keller, which is reported in a separate report 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 2025, team members received over 60 commendations. We continue to see an increase in public commendations communicated by mail, email, our social media and our new My90 User Survey. Page 10 of 305 Town of Westlake Annual Summary Report 2025 3 0 2000 4000 6000 8000 10000 12000 14000 16000 18000 20000 20 1 5 20 1 6 20 1 7 20 1 8 20 1 9 20 2 0 20 2 1 20 2 2 20 2 3 20 2 4 20 2 5 Citizen Initiated Officer Initiated Calls For Service Page 11 of 305 Town of Westlake Annual Summary Report 2025 4 1.85 1.09 2.13 2.94 1.04 2.69 2.31 1.98 1.57 2.13 1.48 0 0.5 1 1.5 2 2.5 3 3.5 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Part I Crimes per 1,000 in population City Of Westlake Crime Rate Calender Year Page 12 of 305 Town of Westlake Annual Summary Report 2025 5 214 202 194 148 153 138 85 129 76 200 170 0 50 100 150 200 250 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Arrest Town of Westlake Arrest Does not include Keller, Colleyville, Southlake, and Roanoke Calendar Year Page 13 of 305 Town of Westlake Annual Summary Report 2025 6 The response to resistance ratio of incidents per thousand prisoners increased from 13 per thousand prisoners in 2024 to 14.5 per thousand prisoners in 2025. Page 14 of 305 Town of Westlake Annual Summary Report 2025 7 ride through the parks and commercial establishments, and perform other non-dangerous crime prevention activities. In addition, VIPS help with the annual recycling event, Keller various city events, Drug Take Back, vacation house checks and wherever else they can be utilized to assist the officers. The Keller VIPS Unit receives yearly training on special police topics of interest or need, such as CPR, AED and Stop the Bleed techniques. This is a great service to our police department and our community. th, 2025, running through December 24th, 2025, and saw 18 packages delivered for safe keeping. , the Keller Public Safety Facebook account had 28,731 followers, with an average of 3-5 postings each week notifying our followers of crime trends and crime prevention tips. This led to 16,043 total comments, 6,999 shares, 123,798 reactions Page 15 of 305 Town of Westlake Annual Summary Report 2025 8 and 28,731 followers. We have increased our Facebook followers by 5% during the past year. Page 16 of 305 Town of Westlake Annual Summary Report 2025 9 and mobile data terminals; NETCOM 911’s computer-aided dispatch system for regional police and fire/EMS response; uniforms and training for members of the regional SWAT team; technology and equipment used by the Criminal Investigations Division; and more. st through December 31st, 2025, HSNT successfully adopted 615 dogs and cats from the Regional Adoption Center. This is a decrease 37% over 2024. In addition to the adoption successes, HSNT staff members assisted Keller Regional Services with processing pet registrations and greeting the public when they have an Animal Service issue or concern. Page 17 of 305 Town of Westlake Annual Summary Report 2025 10 $82.72. The price per call for service for the City of Keller is $205.75. Page 18 of 305 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Motor Vehicle Stops 10,432 11,109 10,718 8,339 7,729 7,457 7,049 7,351 5,016 6,429 5,834 Investigative Motor Vehicle Stops 1,248 1,265 1,374 930 853 960 945 764 758 267 211 Miscellaneous Service Calls 2,240 1,077 560 538 1,770 1,465 1,394 2,233 2,095 3,234 4,300 Traffic Accident Investigations 398 461 386 333 327 219 254 310 265 348 419 Building Checks 6,506 6,061 7,453 6,621 3,244 5,872 5,161 6,256 6,499 6,249 5,276 Alarm Responses 230 241 224 277 212 191 215 284 200 187 161 Animal Control Calls for Service 60 74 78 81 84 65 153 113 101 60 72 Citizen Initiated Calls for Service 2,693 1,833 1,613 1,618 1,671 1,420 1,641 1,228 1,132 1,394 1,594 Total Calls for Service 19,866 18,949 19,289 16,108 13,282 15,204 14,073 16,434 14,075 16,447 15,900 Part 1 Crimes 20 13 22 31 14 48 48 34 28 49 34 Traffic Violations on Citations 7,524 7,583 6,777 5,134 5,724 5,204 4,427 4,234 2,696 3,929 3,637 Westlake Prisoners Booked-In 211 202 194 148 153 138 85 129 76 200 170 DWI Arrests 62 66 70 50 25 33 36 47 30 60 52 Case Reports 118 122 133 134 91 175 157 188 164 326 322 Fire/EMS Calls Dispatched 463 493 503 523 454 416 620 650 551 638 558 Page 19 of 305 KELLER POLICE DEPARTMENT 2025 RACIAL PROFILING REPORT Page 20 of 305 "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." -Quot e by Geneva Reed (Mot her of Sandra Bland) 1 Page 21 of 305 January 19, 2026 Keller City Council 1100 Bear Creak Pkwy. Keller, TX 76248 Since its initial enactment, the Texas Racial Profiling Law has undergone significant legislative modifications. During the 2009 legislative session, the law was amended to incorporate additional data collection and reporting requirements. Subsequently, in 2017, the Texas Legislature passed two landmark pieces of legislation: House Bill 3051, which standardized racial and ethnic classification categories, and the Sandra Bland Act (Senate Bill 1849), which substantially expanded data collection mandates and analytical requirements. The Sandra Bland Act represents the most comprehensive legislative framework in Texas history pertaining to law enforcement contact data requirements. I am pleased to confirm that the Keller Police Department has satisfied all statutory requirements, and the documentation contained herein demonstrates full compliance with these legislative mandates. This annual report is organized into distinct sections, each addressing specific components of the compliance framework. Section One contains the table of contents, providing navigational guidance throughout the document. Section Two presents documentation demonstrating the Keller Police Department's compliance with the procedural requirements established under the Texas Racial Profiling Law, including evidence of mandatory training protocols for all sworn personnel on racial profiling prevention, as well as the institutionalization of formal compliment and complaint processes as required by statute. Section Three contains comprehensive statistical data pertaining to motor vehicle-related contacts, as defined by applicable law, occurring between January 1, 2025, and December 31, 2025. This section includes the Tier 2 reporting form, which must be submitted to the Texas Commission on Law Enforcement (TCOLE) and the local governing authority by March 1 of each calendar year. All data presented in this report was compared against the Fair Roads Standard, a baseline measure derived from U.S. Census Bureau data. The analytical findings and corresponding recommendations are presented in detail within this section. The final section of this report contains reference materials, including the original text of Senate Bill 1074 (the Texas Racial Profiling Law) and the Sandra Bland Act (current governing law). Additionally, this section includes a comprehensive listing of compliance requirements established by TCOLE. The findings documented in this report substantiate the Keller Police Department's ongoing commitment to full compliance with the Texas Racial Profiling Law and its commitment to constitutional policing practices. Respectfully submitted, Alex del Carmen, Ph.D. Criminologist Dear Distinguished Members of the City Council, The Texas Racial Profiling Law, originally enacted by the Texas Legislature in 2001, was designed to address concerns regarding racial profiling practices in law enforcement. Throughout the preceding calendar year, the Keller Police Department, in full compliance with statutory requirements, systematically collected and reported traffic and motor vehicle-related contact data for the express purpose of identifying, evaluating, and addressing any potential concerns regarding racial profiling practices within the department. 2Page 22 of 305 TABLE OF CONTENTS INTRODUCTION Letter to Council Members Table of Contents RESPONDING TO THE LAW Public Education on Filing Compliments and Complaints Racial Profiling Course Number 3256 Reports on Compliments and Racial Profiling Complaints Tier 2 Data (Includes tables) ANALYSIS AND INTERPRETATION OF DATA Tier 2 Motor Vehicle-Related Contact Analysis Comparative Analysis Summary of Findings Checklist LEGISLATIVE AND ADMINISTRATIVE ADDENDUM TCOLE Guidelines The Texas Law on Racial Profiling Modifications to the Original Law Racial and Ethnic Designations The Sandra Bland Act Keller Police Department Racial Profiling Policy 2 4 3 5 10 11 21 23 24 25 27 32 39 47 48 63 3 Page 23 of 305 Inform ing t he Public on t he Process of Filing a Com plim ent or Com plaint w it h t he Keller Police Depart m ent 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. TABLE OF CONTENTS Public Education on Responding to Compliments and Complaints 4Page 24 of 305 Racial Profiling 3256 Inst ruct or 's Not e: 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. Abst ract This instructor guide is designed to meet the educational requirement for racial profiling established by legislative mandate: 77R-SB1074. Target Populat ion: Licensed law enforcement personnel in Texas Prerequisit es: Experience as a law enforcement officer Lengt h of Course: A suggested instructional time of 4 hours Mat erial Requirem ent s: Overhead projector, chalkboard and/or flip charts, video tape player, handouts, practical exercises, and demonstrations Inst ruct or Qualificat ions: Instructors should be very knowledgeable about traffic stop procedures and law enforcement issues Evaluat ion 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 Mat erials 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. Sept em ber 2001 Racial Profiling Course 3256 Texas Commission on Law Enforcement 5 Page 25 of 305 Lorem ipsum dolor sit amet consetetur sadipscing elitr. Lorem ipsum dolor sit amet consetetur sadipscing elitr. Racial Profiling 3256 1.0 RACIAL PROFILING AND THE LAW 1.1 UNIT GOAL: The st udent w ill be able t o ident ify t he legal aspect s of racial profiling. 1.1.1 LEARNING OBJECTIVE: The st udent w ill be able t o ident ify t he legislat ive requirem ent s placed upon peace officers and law enforcem ent agencies regarding racial profiling. Racial Profiling Requirem ent s: 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. Writ t en depart m ent al 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 prim a facie evidence C. Feasibilit y of use of video equipm ent D. Dat a does not ident ify officer E. Copy of com plaint -relat ed video evidence t o officer in quest ion F. Vehicle st op 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. Com pilat ion and analysis of dat a H.Exem pt ion from report ing ? audio/ video equipm ent I. Officer non-liabilit y J. Funding K. Required t raining 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 6Page 26 of 305 2.0 RACIAL PROFILING AND THE COMMUNITY 2.1 UNIT GOAL: The st udent w ill be able t o ident ify logical and social argum ent s against racial profiling. 2.1.1 LEARNING OBJECTIVE: The st udent w ill be able t o ident ify logical and social argum ent s 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. 1.1.2 LEARNING OBJECTIVE: The st udent w ill becom e fam iliar w it h Suprem e Court decisions and ot her court decisions involving appropriat e act ions in t raffic st ops. A. Whren v. Unit ed St at es, 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. Ot her 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 Md.App. 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) 7 Page 27 of 305 3.0 RACIAL PROFILING VERSUS REASONABLE SUSPICION 3.1 UNIT GOAL: The st udent w ill be able t o ident ify t he elem ent s of bot h inappropriat e and appropriat e t raffic st ops. 3.1.1 LEARNING OBJECTIVE: The st udent w ill be able t o ident ify elem ent s of a racially m ot ivat ed t raffic st op. 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.) 8Page 28 of 305 3.1.2 LEARNING OBJECTIVE: The st udent w ill be able t o ident ify elem ent s of a t raffic st op w hich w ould const it ut e reasonable suspicion of drug courier act ivit y. 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 st udent w ill be able t o ident ify elem ent s of a t raffic st op w hich could const it ut e reasonable suspicion of crim inal act ivit y. 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 9 Page 29 of 305 Report on Compliments and Racial Profiling Complaints Report on Com plaint s The following table contains data regarding officers that have been the subject of a complaint, during the time period of 1/1/25-12/31/25 based on allegations outlining possible violations related to the Texas Racial Profiling Law. The final disposition of the case is also included. A check above indicates that the Keller Police Department has not received any complaints, on any members of its police services, for having violated the Texas Racial Profiling Law during the time period of 1/1/25-12/31/25. Com plaint s Filed for Possible Violat ions of The Texas Racial Profiling Law Com plaint Num ber Alleged Violat ion Disposit ion of t he Case 1 Racial Profiling Unsubstantiated 2 Racial Profiling Unsubstantiated Addit ional Com m ent s: 10Page 30 of 305 555-555-5555 1234 5th Ave. NYC, NY 00000 Male Tot al: 10,900TOTAL STOPS: 17,459 RACE OR ETHNICITY Alaska Native/American Indian 219 Asian/Pacific Islander 1,234 Black 3,002 White 9,866 Hispanic/Latino 3,138 WAS RACE OR ETHNICITY KNOWN PRIOR TO STOP? Yes 114 No 17,345 STREET ADDRESS OR APPROXIMATE LOCATION OF STOP. City Street 8,266 US Highway 4,968 State Highway 3,775 County Road 378 Private Property 72 GENDER Fem ale Tot al: 6,559 Alaska Native/American Indian 58 Asian/Pacific Islander 415 Black 1,168 White 3,939 Hispanic/Latino 979 Alaska Native/American Indian 161 Asian/Pacific Islander 819 Black 1,834 White 5,927 Hispanic/Latino 2,159 REASON FOR STOP? Violat ion of Law Tot al: 197 Alaska Native/American Indian 5 Asian/Pacific Islander 14 Black 42 White 102 Hispanic/Latino 34 Pre-exist ing Know ledge Tot al:77 Alaska Native/American Indian 0 Asian/Pacific Islander 3 Black 19 White 37 Hispanic/Latino 18 Moving Traffic Violat ion Tot al: 13,240 Alaska Native/American Indian 159 Asian/Pacific Islander 976 Black 2,112 White 7,713 Hispanic/Latino 2,280 Tables Illustrating Motor MotorMotVehicle-Related Contacts TIER 2 DATA 11 Page 31 of 305 Vehicle Traffic Violat ion Tot al: 3,945 Alaska Native/American Indian 55 Asian/Pacific Islander 241 Black 829 White 2,014 Hispanic/Latino 806 WAS SEARCH CONDUCTED? REASON FOR SEARCH? Consent Tot al: 82 Alaska Native/American Indian 0 Asian/Pacific Islander 1 Black 19 White 40 Hispanic/Latino 22 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 6 White 18 Hispanic/Latino 10 Probable Cause Tot al: 288 Alaska Native/American Indian 1 Asian/Pacific Islander 7 Black 125 White 103 Hispanic/Latino 52 Alaska Native/American Indian 1 Asian/Pacific Islander 1 Black 9 White 8 Hispanic/Latino 3 Incident t o Arrest Tot al : 57 Alaska Native/American Indian 1 Asian/Pacific Islander 4 Black 8 White 31 Hispanic/Latino 13 YES NO Alaska Native/American Indian 3 216 Asian/Pacific Islander 13 1,221 Black 167 2,835 White 200 9,666 Hispanic/Latino 100 3,038 TOTAL 483 16,976 Invent ory Tot al: 22 Cont raband (in plain view ) Tot al: 34 TIER 2 DATA TIER 2 DATA 12Page 32 of 305 WAS CONTRABAND DISCOVERED? Did t he finding result in arrest ? YES NO Alaska Native/American Indian 0 1 Asian/Pacific Islander 0 6 Black 13 90 White 22 102 Hispanic/Latino 4 59 TOTAL 39 258 DESCRIPTION OF CONTRABAND Drugs Tot al: 192 Alaska Native/American Indian 1 Asian/Pacific Islander 4 Black 71 White 78 Hispanic/Latino 38 Currency Tot al: 2 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 0 White 2 Hispanic/Latino 0 Weapons Tot al: 12 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 7 White 2 Hispanic/Latino 3 Alcohol Tot al: 54 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 9 White 31 Hispanic/Latino 14 YES NO Alaska Native/American Indian 1 2 Asian/Pacific Islander 6 7 Black 103 64 White 124 76 Hispanic/Latino 63 37 TOTAL 297 186 TIER 2 DATA 13 Page 33 of 305 St olen Propert y Tot al: 3 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 1 White 1 Hispanic/Latino 1 Ot her Tot al: 120 Alaska Native/American Indian 0 Asian/Pacific Islander 3 Black 45 White 46 Hispanic/Latino 26 RESULT OF THE STOP Verbal Warning Tot al: 8 Alaska Native/American Indian 0 Asian/Pacific Islander 1 Black 2 White 2 Hispanic/Latino 3 Writ t en Warning Tot al: 10,936 Alaska Native/American Indian 169 Asian/Pacific Islander 759 Black 1,869 White 6,454 Hispanic/Latino 1,685 Cit at ion Tot al: 6,407 Alaska Native/American Indian 48 Asian/Pacific Islander 470 Black 1,106 White 3,352 Hispanic/Latino 1,431 Writ t en Warning and Arrest Tot al: 46 Alaska Native/American Indian 1 Asian/Pacific Islander 2 Black 12 White 23 Hispanic/Latino 8 Cit at ion and Arrest Tot al: 62 Alaska Native/American Indian 1 Asian/Pacific Islander 2 Black 13 White 35 Hispanic/Latino 11 Arrest Tot al: 0 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 0 White 0 Hispanic/Latino 0 TIER 2 DATA 14Page 34 of 305 Alaska Native/American Indian 2 Asian/Pacific Islander 2 Black 19 White 55 Hispanic/Latino 15 Violat ion of Penal Code Tot al: 93 ARREST BASED ON Violat ion of Traffic Law Tot al: 6 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 2 White 2 Hispanic/Latino 2 Violat ion of Cit y Ordinance Tot al: 0 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 0 White 0 Hispanic/Latino 0 Out st anding Warrant Tot al: 9 Alaska Native/American Indian 0 Asian/Pacific Islander 2 Black 4 White 1 Hispanic/Latino 2 Was physical force used result ing in bodily injury during t he st op? YES NO Alaska Native/American Indian 0 219 Asian/Pacific Islander 0 1,234 Black 0 3,002 White 0 9,866 Hispanic/Latino 0 3,138 TOTAL 0 17,459 TIER 2 DATA 15 Page 35 of 305 18 Table 1. Cit at ions and Warnings Race/ Et hnicit y All Cont act s Cit at ions Verbal Warning Writ t en Warning Cont act Percent Cit at ion Percent Verbal Percent Writ t en Percent Alaska Nat ive/ Am erican Indian 219 49 0 169 1%1%0%2% Asian/ Pacific Islander 1,234 472 1 759 7%7%13%7% Black 3,002 1,119 2 1,869 17%17%25%17% Whit e 9,866 3,387 2 6,454 57%52%25%59% Hispanic/ Lat ino 3,138 1,442 3 1,685 18%22%38%15% TOTAL 17,459 6,469 8 10,936 100%100%100%100% Tables Illustrating Motor Vehicle Related Contact Data 16Page 36 of 305 Race/ Et hnicit y Cont act Percent age Households w it h Vehicle Access Alaska Nat ive/ Am erican Indian 1%0% Asian/ Pacific Islander 7%5% Black 17%14% Whit e 57%60% Hispanic/ Lat ino 18%19% TOTAL 100%98% Table 2. Mot or Vehicle Cont act s and Fair Roads St andard Com parison Comparison of motor vehicle-related contacts with households that have vehicle access. Table 3. Mot or Vehicle Searches and Arrest s. Race/ Et hnicit y Searches Consent Searches Arrest s Alaska Nat ive/ Am erican Indian 3 0 2 Asian/ Pacific Islander 13 1 4 Black 167 19 25 Whit e 200 40 58 Hispanic/ Lat ino 100 22 19 TOTAL 483 82 108 17 Page 37 of 305 Table 4. Inst ances Where Peace Officers Used Physical Force Result ing in Bodily Injury Inst ances Where Peace Officers Used Physical Force t hat Result ed in Bodily Injury Arrest Locat ion of St op Reason for St op Bodily Harm Table 5. Search Dat a Race/ Et hnicit y Searches Cont raband Found Yes Cont raband Found No Arrest s Percent Searches Percent Cont raband Found Percent No Cont raband Percent Arrest Alaska Nat ive/ Am erican Indian 3 1 2 2 1%0%1%2% Asian/ Pacific Islander 13 6 7 4 3%2%4%4% Black 167 103 64 25 35%35%34%23% Whit e 200 124 76 58 41%42%41%54% Hispanic/ Lat ino 100 63 37 19 21%21%20%18% TOTAL 483 297 186 108 100%100%100%100% 18Page 38 of 305 Table 6. Report on Audit s. The following table contains data regarding the number and outcome of required data audits during the period of 1/1/25-12/31/25. Audit Dat a Num ber of Dat a Audit s Com plet ed Dat e of Com plet ion Out com e of Audit 1 1 03/01/25 Data was valid and reliable 2 1 06/01/25 Data was valid and reliable 3 1 09/01/25 Data was valid and reliable 4 1 12/01/25 Data was valid and reliable ADDITIONAL COMMENTS: Race/ Et hnicit y Num ber Percent Alaska Nat ive/ Am erican Indian 0 0% Asian/ Pacific Islander 0 0% Black 0 0% Whit e 0 0% Hispanic/ Lat ino 0 0% TOTAL 0 0% Table 7. Inst ance Where Force Result ed in Bodily Injury. 19 Page 39 of 305 Table 9. Cont raband Hit Rat e Table 8. Reason for Arrest s from Vehicle Cont act Race/ Et hnicit y Violat ion of Penal Code Violat ion of Traffic Law Violat ion of Cit y Ordinance Out st anding Warrant Percent Penal Code Percent Traffic Law Percent Cit y Ordinance Percent Warrant Alaska Nat ive/ Am erican Indian 2 0 0 0 2%0%0%0% Asian/ Pacific Islander 2 0 0 2 2%0%0%22% Black 19 2 0 4 20%33%0%44% Whit e 55 2 0 1 59%33%0%11% Hispanic/ Lat ino 15 2 0 2 16%33%0%22% TOTAL 93 6 0 9 100%100%0%100% Race/ Et hnicit y Searches Cont raband Found Yes Cont raband Hit Rat e Search Percent Cont raband Percent Alaska Nat ive/ Am erican Indian 3 1 33%1%0% Asian/ Pacific Islander 13 6 46%3%2% Black 167 103 62%35%35% Whit e 200 124 62%41%42% Hispanic/ Lat ino 100 63 63%21%21% 20Page 40 of 305 Legislat ive Background and St at ut ory Fram ew ork In 2001, the Texas Legislature enacted Senate Bill 1074, establishing the Texas Racial Profiling Law. This legislation became effective on January 1, 2002, and required all law enforcement agencies in Texas to collect traffic-related contact data and submit annual reports to their respective local governing authorities by March 1 of each calendar year. The original statutory framework remained substantially unchanged until 2009, when the Texas Legislature passed House Bill 3389, introducing significant amendments to the data collection and reporting requirements. The 2009 legislative amendments, which took effect on January 1, 2010, expanded the definition of reportable contacts to include all motor vehicle-related encounters resulting in the issuance of a citation or custodial arrest. Additionally, the amended statute required law enforcement officers to document whether they possessed knowledge of the individual's race or ethnicity prior to initiating the detention. The 2009 legislation also mandated the inclusion of "Middle Eastern" as a distinct racial and ethnic classification category and established TCOLE as the central repository for annual data submissions. In 2017, the Texas Legislature enacted two significant pieces of legislation affecting racial profiling data collection requirements. House Bill 3051 eliminated the Middle Eastern classification category and standardized racial and ethnic designations to align with federal reporting standards. Concurrently, the Sandra Bland Act (Senate Bill 1849) was passed and signed into law, representing the most comprehensive legislative mandate in Texas history regarding law enforcement contact data requirements. The Sandra Bland Act, which became effective on January 1, 2018, not only expanded data collection requirements but also mandated detailed analytical assessments addressing the following statutory elements: Analysis and Interpretation of Data 21 Page 41 of 305 1. A comparative analysis of compiled information pursuant to Article 2.133, including: a. Evaluation and comparison of motor vehicle stops within the applicable jurisdiction between persons recognized as racial or ethnic minorities and persons not recognized as racial or ethnic minorities; b. Examination of the disposition of motor vehicle stops conducted by agency personnel, categorized according to the race or ethnicity of affected persons, including any searches resulting from stops within the applicable jurisdiction; c. Evaluation and comparison of searches resulting from motor vehicle stops within the applicable jurisdiction and documentation of whether contraband or other evidence was discovered during the course of such searches. 2. Documentation of all complaints filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. Analyt ical Met hodology and Baseline Considerat ions In accordance with the Texas Racial Profiling Law and Sandra Bland Act requirements, the Keller Police Department commissioned an independent analysis of its 2025 motor vehicle contact data. The analytical framework employed in this study incorporated two distinct methodological approaches. The primary analysis involved a comprehensive evaluation of all motor vehicle-related contact data collected during the 2025 reporting period. This analysis measured, as required by statute, the number and percentage of contacts involving individuals classified as White, Black, Hispanic or Latino, Asian and Pacific Islander, and Alaska Native and American Indian, who encountered law enforcement during motor vehicle-related contacts resulting in the issuance of citations, warnings, or custodial arrests. The Tier 2 data analysis encompassed multiple variables including, but not limited to: the number and percentage of contacts by race and ethnicity; gender distribution; documented reason for the stop; geographic location of the encounter; search activity including search type classification; outcome of the contact; legal basis for any resulting arrest; and any use of physical force resulting in bodily injury. This comprehensive data collection framework enables a thorough assessment of departmental practices and facilitates identification of any patterns warranting further examination. The analytical framework employed in this report utilized a comparative methodology that assessed 2025 motor vehicle contact data against an established demographic baseline. It should be noted that considerable scholarly debate exists regarding the appropriate baseline measure for analyzing motor vehicle-related contact data. Among available baseline measures, the Keller Police Department accepted the recommendation to employ the Fair Roads Standard as the primary comparative benchmark. This particular baseline is derived from U.S. Census Bureau data (2020) pertaining to the number of households with vehicle access, controlled for the race and ethnicity of heads of households. It is important to acknowledge the methodological limitations inherent in utilizing census-derived baseline data for racial profiling analysis. Census data encompasses all residents within a given jurisdiction, regardless of their status within the driving population. Furthermore, census data captures information exclusively pertaining to municipal residents, thereby excluding individuals who may have encountered the Keller Police Department during the reporting period but reside outside jurisdictional boundaries. In certain municipalities, contacts with non-residents constitute a substantial proportion of all motor vehicle-related encounters recorded during any given reporting period. 22Page 42 of 305 In 2002, prominent civil rights organizations in Texas advocated for the adoption of the Fair Roads Standard as the preferred baseline measure for all law enforcement agencies conducting racial profiling analyses. These standard compares census data specific to "households" with vehicle access against "contacts," which represent individual-level counts. This methodological approach introduces the potential for ecological fallacy, as household-level data is being compared with individual-level contact data. Notwithstanding these limitations, the Keller Police Department elected to employ this comparison methodology to demonstrate institutional commitment to transparency and community accountability. The Fair Roads Standard data utilized in this analysis is specific to the jurisdiction of the Dallas Fort-Worth (DFW) Metroplex. Tier 2 Mot or Vehicle-Relat ed Cont act Analysis (2025) Examination of the enhanced Tier 2 data collected during the 2025 reporting period reveals distinct patterns in motor vehicle-related contacts. The demographic distribution of contacts indicates that the majority of motor vehicle-related encounters involved White individuals, followed by Hispanic individuals. Among all individuals contacted by law enforcement, the greatest number of citations were issued to White and Hispanic individuals, followed by Black individuals. With respect to written warnings, the majority were issued to White individuals, with Black individuals representing the second largest recipient group. Analysis of search and arrest data reveals that the majority of searches were conducted involving White individuals. When examining search methodology, the greatest number of consent searches involved White and Hispanic individuals. Similarly, the majority of custodial arrests involved White individuals. Overall, the preponderance of searches resulted in the discovery of contraband. Among searches that yielded contraband, the majority involved White individuals, followed by Black individuals. Among searches that did not produce contraband, the majority involved White individuals. Arrest data indicates that the majority of custodial arrests involved White individuals. Among arrests originating from alleged violations of the Texas Penal Code, the majority involved White individuals. With respect to use of force, the department reports no instances where physical force was used resulting in bodily injury during the reporting period. Com parat ive Analysis A comprehensive comparative analysis was conducted examining 2025 motor vehicle contact data against census data pertaining to households within DFW that reported vehicle access in the 2020 Census. This analysis produced the following findings: The percentage of White and Hispanic individuals who came into contact with law enforcement was equal to or lower than the percentage of White and Hispanic households within DFW that reported vehicle access in the most recent census enumeration. Conversely, the data revealed that a higher percentage of Black, Asian, and American Indian individuals came into contact with law enforcement compared to the percentage of Black, Asian, and American Indian households that reported vehicle access. It should be noted that the percentage differential for Asian and American Indian contacts relative to household representation is less than 3%, which may be considered statistically insignificant depending upon the analytical threshold employed. 23 Page 43 of 305 The contraband discovery rate analysis reveals that among all searches conducted during the 2025 reporting period, Hispanic individuals demonstrated the highest contraband hit rate, followed by White and Black individuals respectively. This indicates that among all searches performed, the highest percentage of searches resulting in contraband discovery involved Hispanic individuals. The lowest contraband discovery rate was observed among American Indian individuals. Sum m ary of Findings As mandated by the current Texas Racial Profiling Law, law enforcement agencies are required to conduct data audits to validate the accuracy and reliability of reported data. In compliance with this requirement, the Keller Police Department engaged Del Carmen Consulting, LLC to perform independent data audits consistent with normative statistical practices and methodological standards. As documented in the accompanying audit report, the validation process confirms that the data submitted is both valid and reliable. Furthermore, as required by statute, this report includes a comprehensive analysis of search activity, including documentation of whether contraband was discovered as a result of searches while controlling for the race and ethnicity of searched individuals. The search analysis demonstrates that the Keller Police Department is engaging in search practices consistent with prevailing national trends in law enforcement and does not reveal patterns indicative of discriminatory practices. Based upon the analytical findings presented in this report, the following recommendations are offered to ensure continued compliance and institutional best practices: 1.Continue to collect and evaluate supplementary motor vehicle contact data elements, including but not limited to documented bases for probable cause searches and detailed contraband classification, which may prove valuable in assessing the nature and circumstances of law enforcement contacts with all individ uals. 2.Commission an independent analysis of contact and search data during the upcoming reporting period to maintain analytical continuity and identify any emerging trends. 3.Continue to commission periodic data audits to ensure data integrity and verify that collected data is consistent with reported data, thereby maintaining the validity and reliability of all submissions. Conclusion The comprehensive data analysis presented in this report serves as documented evidence that the Keller Police Department has achieved full compliance with the Texas Racial Profiling Law and all associated statutory requirements. This report demonstrates that the department has: -Implemented and maintains a comprehensive racial profiling policy in accordance with statutory requirements; -Established and publicized procedures for members of the public to file compliments or complaints regarding officer conduct; -Commissioned periodic data audits to ensure the validity and reliability of all collected and reported data; -Collected and commissioned independent analysis of all required Tier 2 data elements; and -Ensured that the practice of racial profiling is expressly prohibited and will not be accepted or tolerated within the organization. The Keller Police Department remains committed to constitutional policing practices, equitable treatment of all individuals, and continued compliance with all applicable state and federal requirements pertaining to racial profiling prevention and reporting. 24Page 44 of 305 [This section should include the following reference materials:] Original t ext of Senat e Bill 1074 (Texas Racial Profiling Law ) Sandra Bland Act (Senat e Bill 1849) - Current governing law TCOLE com pliance requirem ent s and guidelines Agency racial profiling policy docum ent at ion Training docum ent at ion and cert ificat ions Com plaint and com plim ent procedure docum ent at ion Dat a audit m et hodology and validat ion result s Tier 2 dat a collect ion form s and subm ission confirm at ion APPENDICES 25 Page 45 of 305 LEGISLATIVE & ADMINISTRATIVE 26Page 46 of 305 TCOLE GUIDELINES Guidelines for Compiling and Reporting Data under Senate Bill 1074 Background Senate Bill 1074 of the 77th 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.” Page 47 of 305 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. Page 48 of 305 Commentary Senate Bill 1074 from the 77th 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 Page 49 of 305 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. Page 50 of 305 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. Page 51 of 305 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 peace officer may not engage in racial profiling. 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 agency installs video or audio equipment as provided by this subsection, the Page 52 of 305 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 officer. 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 under arrest. (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 agency shall submit a report containing the information compiled Page 53 of 305 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. Page 54 of 305 (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. Page 55 of 305 SECTION 3. Section 96.641, Education Code, is amended by adding Subsection (j) to read as follows: (j) 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) analyzing and reporting collected information. SECTION 4. Section 1701.253, Occupations Code, is amended by adding Subsection (e) to read as follows: (e) As part of the minimum curriculum requirements, 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 program on racial profiling 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. (b) 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; Page 56 of 305 (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) [(7)] the date of conviction; and (9) [(8)] 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 Page 57 of 305 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. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor Page 58 of 305 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[traffic] 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, [or] 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 [traffic] stops in which a citation is issued and to arrests made as a result of [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 individual [person] 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 [to the governing body of each county or Page 59 of 305 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 PEDESTRIAN] STOPS. (a) In this article, "race[: [(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 under arrest.] (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 any [each] 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 Page 60 of 305 (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 probable cause]; (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 a 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 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]. (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 [local] 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 agency]. (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 [determine the prevalence of racial profiling by peace officers 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 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, in accordance with Section 1701.162, Occupations Code, shall develop guidelines for compiling and reporting information as required by this article. Page 61 of 305 (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 pedestrian] 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 money appropriated to the agency for the administration of the agency, the executive director of a state law enforcement agency that intentionally fails to submit the incident-based Page 62 of 305 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. (i) 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; Page 63 of 305 (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 [$5]; [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. (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 [$5]; [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. (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; Page 64 of 305 (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; [and] (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 chapter; Page 65 of 305 (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. Page 66 of 305 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, Hispanic,] 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 Caucasian, African, Hispanic,] Asian or Pacific Islander; (3) black; (4) white; and (5) Hispanic or Latino [, or Native American descent]. 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 Page 67 of 305 The Sandra Bland Act (S.B. 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 Page 68 of 305 (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 46B; 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 Page 69 of 305 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 Page 70 of 305 (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 Page 71 of 305 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: Page 72 of 305 (a) The commission shall: (1) adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails; (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, Page 73 of 305 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 Page 74 of 305 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 COUNTY JAIL. (a) On the death of a prisoner in a county jail, the commission shall appoint a law enforcement agency, other Page 75 of 305 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 Page 76 of 305 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 Page 77 of 305 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 Page 78 of 305 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 Page 79 of 305 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, Page 80 of 305 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 Page 81 of 305 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 Page 82 of 305 KELLER POLICE DEPARTMENT RACIAL PROFILING POLICY Page 83 of 305 _____________________________________________________________________________________________ Keller Police Department Biased Policing or Enforcement Policy 100.03 Page 1 of 6 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 I. 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: 1. 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, Page 84 of 305 _____________________________________________________________________________________________ Keller Police Department Biased Policing or Enforcement Policy 100.03 Page 2 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: 1. 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: Page 85 of 305 _____________________________________________________________________________________________ Keller Police Department Biased Policing or Enforcement Policy 100.03 Page 3 of 6 a. White/Caucasian (W) b. Hispanic (H) c. Asian (A) d. Native American (I) 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 Page 86 of 305 _____________________________________________________________________________________________ Keller Police Department Biased Policing or Enforcement Policy 100.03 Page 4 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: 1. The act on Biased Based Profiling requires the audio and video recording of traffic and pedestrian stops to be retained for 90 days after Page 87 of 305 _____________________________________________________________________________________________ Keller Police Department Biased Policing or Enforcement Policy 100.03 Page 5 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: 1. 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: 1. 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. Page 88 of 305 _____________________________________________________________________________________________ Keller Police Department Biased Policing or Enforcement Policy 100.03 Page 6 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. Page 89 of 305 Copyright: This report may not be altered or reproduced outside the agreed terms, in any manner whatsoever without the written permission of the author. For additional questions regarding the information presented in this report, please contact: Del Car men Consulting© 817.681.7840 www.texasr acialprofiling.com www.delcar menconsulting.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 2025 Del Carmen Consulting© All Rights Reserved. Page 90 of 305 DATE: March 24, 2026 AGENDA ITEM NO: F.1. FROM: Dianna Buchanan, Town Secretary, Town Secretary's Office SUBJECT: Discuss, consider and act to approve Resolution 26-05 appointing a member to the Texas Student Housing Authority Board of Directors to fill a current vacancy thru the term ending June 2026. ATTACHMENTS: 1. Res 26-05 Appoint TSHA Board Member 2. Kear Katherine TSHA Board App Recd. 2.19.2026_Redacted SUMMARY : There is a current vacancy on the Texas Student Housing Authority (TSHA) Board of Directors for the term through June 2026 and the Town Council is responsible for making appointments to the same. An application was received from Ms. Katherine Kear, which is attached, for consideration to be appointed to the vacancy. BACKGROUND AND DISCUSSION: The TSHA is an instrumentality of the Town of Westlake created in 1995 pursuant to Chapter 53 of the Education Code and Higher Education Authority Act with the mission to provide scholarships for housing to graduates of Texas High Schools and Community Colleges. Appointment to the TSHA Board of Directors also appoints members to the Texas Student Housing Corporation and the Texas Student Housing Corporation - Denton Project Boards. Members are appointed for two-year terms and members are considered "hold-overs" if they do not resign or another appointment is not made for the same place by Town Council. The current Board of Directors members are as follows: Scott Bradley, Paula Peterson, Richard Mueller, Dahlia Hassani, and James Krekow. FISCAL IMPACT: N/A LEGAL REVIEW: N/A RECOMMENDATION: Staff recommends Town Council act as desired regarding the appointment. ACTION OPTIONS: Town Council/Board of Trustees AGENDA ITEM REPORT Page 91 of 305 Motion to Approve as Presented Motion to Deny Motion to Approve with Changes/Conditions Motion to Continue or Table Page 92 of 305 TOWN OF WESTLAKE RESOLUTION 26-05 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPOINTING A MEMBER TO THE BOARD OF DIRECTORS OF THE TEXAS STUDENT HOUSING AUTHORITY, THE TEXAS STUDENT HOUSING CORPORATION AND THE TEXAS STUDENT HOUSING CORPORATION—DENTON PROJECT WHEREAS, the Texas Student Housing Authority (TSHA) is an instrumentality of the Town of Westlake created in 1995 pursuant to Chapter 53 of the Education Code and Higher Education Authority Act with the mission to provide scholarships for housing to graduates of Texas High Schools and Community Colleges; and WHEREAS, the Town Council shall appoint the Board of Directors of the TSHA; and WHEREAS, the Town Council finds that 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 following individual is hereby appointed to fill a vacancy on the Board of Directors for the Texas Student Housing Authority, the Texas Student Housing Corporation, and the Texas Student Housing Corporation – Denton Project: Katherine Kear Term thru June 2026 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 24th DAY OF MARCH 2026. _____________________________ Kim Greaves, Mayor Page 93 of 305 Resolution 26-05 Page 2 ATTEST: _____________________________________ Dianna Buchanan, Town Secretary APPROVED AS TO FORM: ____________________________ Alex Crowley, Town Attorney Page 94 of 305 Page 95 of 305 2 Are you currently serving on a Board, Commission, or Committee? No If yes, which one(s)? Field not completed. Have you ever served on a Westlake Board, Commission, or Committee? No If yes, which one(s)? Field not completed. Why do you want to serve on this committee? I am excited to apply for a position on the Texas Student Housing Authority Board of Directors because I am passionate about ensuring students have access to higher education and education. I firmly believe that no student should be denied the opportunity to further their education due to financial barriers related to housing. Serving on the TSHA Board would allow me to give back to my community and support a cause I am truly avid about. I admire TSHA’s mission to help deserving students achieve their academic dreams by providing the resources they need to succeed. Do you have any political conflicts of interest? No Do you have any related experience? As a leader of a team of recent college graduates, I bring extensive experience in strategic coaching and mentorship. I specialize in guiding emerging professionals to achieve their personal and career goals, fostering their growth, and supporting their development. This background equips me with valuable insights into talent development, leadership, and organizational growth-perspectives. I am eager to contribute this experience as a board member. What do you feel that you have to offer this committee? As a board member, I hope to bring my perspective, dedication, and enthusiasm to help shape policies and initiatives that address students’ needs and foster an inclusive, welcoming environment for all. Please include your resume for consideration: Page 96 of 305 3 Email not displaying correctly? View it in your browser. To help p vacy Office f om th CAUTION: This email is from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ATTENTION ELECTED or APPOINTED OFFICIALS: Please “Reply” only to the sender. A “Reply ALL” to this e- lead to violations of the Texas Open Meetings Act. Open Records Notice: This email, attachments and responses may be subject to Texas Open Records laws and may be disclosed to the public upon request. Please respond accordingly. https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm Page 97 of 305 DATE: AGENDA ITEM NO: FROM: John Ard, Fire Chief, Fire Department SUBJECT: (Consideration of Action Regular Agenda Item J.3 ATTACHMENTS: SUMMARY : train new employees has caused an ACTION OPTIONS: Receive Presentation and Hold Work Session Discussion. Consideration of Action regarding the Fire Dept. Pay Plan is Regular Agenda Item J.3. Town Council/Board of Trustees AGENDA ITEM REPORT Page 98 of 305 Fire Department Compensation Presentation March 24, 2026 Page 99 of 305 Background Organizational Chart Current Condition •Operate with 5-person minimum staffing each shift •Two (2) Firefighter/Paramedic positions open – one vacancy open 9 months, the other vacancy open for 4 months - RED •One (1) Firefighter/EMT attending paramedic school full-time (school – 9 months long) - YELLOW •Two (2) Firefighter/EMTs needing to attend paramedic school - ORANGE •Third hiring process underway to fill vacant positions Page 100 of 305 Background Workforce Attrition and Staffing Concerns •Since September 2019, hired and trained 19 personnel •93% of resignations left to area fire departments Turnover has caused: •Increased costs to recruit, hire, and train replacement personnel •Loss of operational experience and advance skills •Added strain on existing staff to maintain minimum emergency staffing levels Page 101 of 305 Fire Department Compensation – Market Position Strong Department Culture • High standards for hiring, training, and accountability • Strong leadership, mentorship, and professional development • Commitment to maintaining safe and reliable emergency response Competitive Market Challenge • Firefighter / Paramedic positions are highly competitive in North Texas • Many comparable departments position salaries at the 80th–85th percentile • Westlake currently falls below this competitive range Proposed Direction Position Westlake Fire Department compensation at the 80th percentile of the regional fire service labor market. Page 102 of 305 Hiring and Training Hiring Process Timeline Compressed to approximately three (3) months •Application period •Written test – passing 80% or higher •DPS Row Test –  passing 70% or higher •Candidate Physical Ability Test (CPAT) – Pass or Fail •Panel Interview •Chief Interview •Conditional Job Offer •Psychological Examination •Pre-Employment Medical/Physical complying with NFPA 1580 •Background Investigation •Start Date Bootcamp - Paramedic School – Paramedic Field Training Program Bootcamp •Four (4) week on boarding process Paramedic School •Nine (9) month full-time program Paramedic Field Training Program •Minimum two (2) months Page 103 of 305 Cost to Replace Firefighters 1 Firefighter/EMT : $196,623 1 Firefighter/Paramedic: $72,476 Total expenditure is at $3,038,897 to replace and certify personnel since September 2019 TOTAL COST OF HIRES SINCE 9/2019 2 VACANT POSITIONS $382,684 2026 2 HIRE EMT-B $382,684 9/2/2019 2 HIRE EMT-B $382,684 4/20/2020 1 HIRE PARAMEDIC $41,412 4/20/2020 1 HIRE EMT-B $196,000 7/6/2020 1 HIRE EMT-B $196,000 10/26/2020 1 HIRE PARAMEDIC $72,477 10/11/2021 1 HIRE EMT-B $196,000 1/3/2022 1 HIRE EMT-B $196,000 4/18/2022 1 HIRE PARAMEDIC $72,477 5/2/2022 1 HIRE PARAMEDIC $72,476 7/31/2023 2 HIRE PARAMEDIC $134,660 3/17/2024 1 HIRE EMT-B $196,000 7/1/2024 2 HIRE EMT-B $382,684 5/5/2025 2 HIRE PARAMEDIC $134,660 5/5/2025     TOTAL COST $3,038,897   Page 104 of 305 Retention & Recruitment Strategy ·High Standards – Character, credentials, accountability ·Strong Culture – Leadership, mentorship, wellness ·Professional Development  – Training, education, career  pathways ·Strategic Recruitment  – Proactive outreach and streamlined  hiring ·Competitive Compensation  – Build and adopt highly competitive plan for predictable salary progression Page 105 of 305 Firefighter / EMT-B Compensation – Market Comparison Westlake is ~10% below market average for starting Firefighter/EMT-B salaries 0 20000400006000080000100000 Recommended Market Avg Flower Mound Roanoke Westlake Salary Current Westlake Salary $66,900 Market Average $74,228 Recommended Starting Salary $81,822 Recommended Adjustment: Increase starting salary from $66,900 → ~$81,800 Key Takeaway •Westlake starting salary is ~10% below the market average •Comparable departments start $73K – $82K •Recommended starting salary ≈ $81,800 (80th percentile) City Starting Salary Max Salary Highland Park $81,940 $100,269 Southlake $69,814 $83,777 University Park $81,991 $99,640 Flower Mound $81,743 $100,511 Roanoke $73,486 $80,829 Colleyville $74,697 $85,154 Trophy Club $72,538 $97,626 Keller $69,480 $79,246 Bellaire $62,363 $84,190 Market Average $74,228 Page 106 of 305 Firefighter / Paramedic Compensation – Market ComparisonWestlake is ~7% below market average for starting Firefighter/Paramedic salaries Current Westlake Salary $75,158 Market Average $80,483 Recommended Starting Salary $85,054 Recommended Adjustment: Increase starting salary from $75,158 → ~$85,000 City Starting Salary Max Salary Highland Park $86,761 $106,167 Southlake $86,499 $104,410 University Park $84,091 $101,740 Flower Mound $82,943 $101,711 Roanoke $81,120 $105,747 Colleyville $78,432 $95,238 Trophy Club $76,368 $102,782 Keller $76,061 $90,884 Bellaire $72,069 $97,293 Market Average $80,483 Key Takeaway: •Westlake starting salary is ~7% below the market average •Comparable departments start $80K – $87K •Recommended starting salary ≈ $85K (80th percentile) 70000 75000 80000 85000 90000 Recommended Market Avg Flower Mound Roanoke Westlake Salary Page 107 of 305 Driver Engineer Compensation – Market Comparison Westlake starting salary is near the market average for Driver/Engineer positions 92000 97000 102000107000 112000 Recommended Market Avg Flower Mound Roanoke Westlake SalaryCityStarting Salary Max Salary University Park $107,705 $110,978 Southlake $107,542 $118,296 Roanoke $105,768 $116,355 Flower Mound $102,192 $111,673 Trophy Club $96,727 $130,182 Colleyville $96,190 $107,024 Keller $92,689 $104,395 Bellaire $80,057 $107,553 Highland Park $86,761 $128,736 Market Average $97,292 Current Westlake Salary $97,260 Market Average $97,292 Recommended Starting Salary $106,478 Recommended Adjustment: Increase starting salary from $97,260 → ~$106,500 Key Takeaway: •Westlake starting salary is roughly aligned with the market average •Comparable departments range from ~$100K to ~$106K •Recommended target salary ≈ $106K (80th percentile) Page 108 of 305 Captain Compensation – Market Comparison Westlake Captain salary is below the market average for comparable departments 100000 110000 120000 130000 Recommended Market Avg Flower Mound Roanoke Westlake SalaryCityStarting Salary Max Salary Highland Park $169,649 $207,743 University Park $125,997 $133,682 Flower Mound $123,000 $134,410 Southlake $121,845 $134,029 Roanoke $118,061 $129,875 Trophy Club $117,395 $157,998 Colleyville $115,570 $128,560 Keller $107,977 $121,605 Bellaire $96,245 $129,931 Market Average $121,749 Current Westlake Salary $110,656 Market Average $121,749 Recommended Starting Salary $124,199 Recommended Adjustment: Increase starting salary from $110,656 → ~$124,200 Key Takeaway: •Westlake Captain salary is below the market average •Comparable departments range from ~$118K to ~$123K •Recommended target salary ≈ $124K (80th percentile) Page 109 of 305 Summary of Recommended Fire Department Pay Adjustments Firefighter / EMT-B Firefighter / Paramedic Driver Engineer Captain 0 20000 40000 60000 80000 100000 120000 140000 Adjustments position Westlake near the 80th percentile of the regional fire service labor market. Competitive salaries are necessary to recruit and retain certified firefighters and paramedics. Proposed adjustments align Westlake with comparable North Texas departments. Page 110 of 305 Proposed Fire Department Step Plan Firefighter / EMT-B (≈5% steps) Step 1 Step 2 $77,150 $81,000 Firefighter / Paramedic (≈5.4% steps) Step 1 Step 2 Step 3 Step 4 Step 5 $85,054 $89,642 $94,477 $99,574 $104,94 5 Driver / Engineer (≈4.8% steps) Step 1 Step 2 Step 3 Step 4 $106,47 8 $111,56 3 $116,89 0 $122,47 2 Captain (≈5% steps) Step 1 Step 2 Step 3 Step 4 $124,199 $130,430 $136,973 $143,845 Steps average approximately 5% between levels to provide predictable career progression. Step increases occur annually based on the employee’s anniversary date in position. Note: The annual implementation cost is significantly lower than the cumulative cost of firefighter turnover since 2019. Page 111 of 305 Fire Department Step Plan Implementation – Cost Impact Total Annual Cost $357,300 (Includes projected overtime impact) FY2026 Implementation Cost $151,118 (Effective May 4, 2026) Rank Annual Increase Firefighter / Paramedic (9)$202,941 Captains (3)$58,597 Drivers / Engineers (3)$54,392 Firefighter / EMT-B (3)$41,344 Implementation Notes: Employees will be placed on the appropriate step based on tenure in their assigned position. Future step progression occurs on the employee’s anniversary date in that role. Page 112 of 305 SUMMARY AND RECOMMENDATION Staff Recommendation Approve the Fire Department Step Plan positioned at the 80th percentile of the regional fire service labor market effective May 4, 2026. This plan will: • Improve recruitment of certified firefighter/paramedics • Reduce turnover and long-term training costs • Maintain safe and reliable emergency staffing for the Town Page 113 of 305 TOWN COUNCIL/BOARD OF TRUSTESS ACTIONS / OPTIONS The actions / options available to the Town Council are as follows: 1.Motion to approve 2.Motion to amend with the following stipulations (include stipulations in motion) 3.Motion to table (include specific date in motion) 4.Motion to deny Page 114 of 305 QUESTIONS OR COUNCIL DISCUSSION Page 115 of 305 DATE: March 24, 2026 AGENDA ITEM NO: G.3. FROM: Wade Carroll, Town Manager Jason Oliver, Project Manager, Town Manager's Office SUBJECT: WORK SESSION: Discussion of 5-Year Capital Improvements Plan (CIP) ATTACHMENTS: CIP Spreadsheet SUMMARY : Staff has updated our 5-year Capital Improvement Plan, as required annually by the Strategic Plan and best practices in budgeting. We will discuss current and future projects, as well as funding mechanisms, as a precursor to the Town's FY2027 budget proces s. The items, amounts, and timing are all in draft status at this early stage and will be refined based on Council's input, available resources, and staff prioritization over the next several months. Each year, only the first year of projects listed in the 5-year CIP is appropriated within the Town's budget and the remaining out years are revisited annually. Town Council/Board of Trustees AGENDA ITEM REPORT Page 116 of 305 Capital Improvement Program FY2027 Project Type 2026 Budget 2027 Projected 2028 Projected 2029 Projected 2030 Projected 2031 Projected 2032 + Streets $470,000 $350,000 $100,000 $750,000 $750,000 $2,680,000 $0 Facilities $5,037,850 $1,000,000 $500,000 $0 $741,500 $11,000,000 $4,000,000 Parks/Trails $100,000 $50,000 $0 $0 $0 $0 $0 Drainage $0 $0 $300,000 $0 $0 $0 $1,000,000 Water $7,145,800 $13,000,000 $15,150,000 $0 $300,000 $300,000 $0 Sewer $40,000 $0 $0 $0 $90,000 $0 $0 Vehicles/Equipment $800,000 $2,400,000 $75,000 $230,000 $200,000 $3,255,908 $30,000 Information Technology $470,506 $0 $0 $0 $0 $0 $0 Totals $14,064,156 $16,800,000 $16,125,000 $980,000 $2,081,500 $17,235,908 $5,030,000 Expenditure Type 2026 Budget 2027 Projected 2028 Projected 2029 Projected 2030 Projected 2031+2032 + Capital $13,030,800 $16,800,000 $16,125,000 $980,000 $2,081,500 $17,235,908 $5,030,000 O&M $1,033,356 $0 $0 $0 $0 $0 $0 Totals $14,064,156 $16,800,000 $16,125,000 $980,000 $2,081,500 $17,235,908 $5,030,000 Funding Source 2026 Budget 2027 Projected 2028 Projected 2029 Projected 2030 Projected 2031+2032 + General Fund $875,926 $1,050,000 $875,000 $230,000 $941,500 $13,735,000 $5,030,000 Academy Budget $612,430 $0 $0 $0 $0 $0 $0 Utility Revenues $450,000 $0 $150,000 $0 $390,000 $450,000 $0 General/Utilities $0 $0 $0 $0 $0 $370,908 $0 Capital Funds/Donations $540,000 $0 $0 $0 $0 $0 $0 Certificates of Obligation $11,585,800 $15,750,000 $15,100,000 $750,000 $750,000 $2,680,000 $0 Totals $14,064,156 $16,800,000 $16,125,000 $980,000 $2,081,500 $17,235,908 $5,030,000 Green represents changes since the FY 2026 document Page 117 of 305 DATE: March 24, 2026 AGENDA ITEM NO: H.1. FROM: Dianna Buchanan, Town Secretary, Town Secretary's Office SUBJECT: Discuss, consider and act to approve the February 17, 2026 Town Council/Board of Trustees Regular Meeting Minutes and the February 24, 2026 Town Council/Board of Trustees/Westlake Development Corporation, Inc. Special Joint Meeting Minutes. ATTACHMENTS: 1.02.17.2026 TC BOT MINUTES DRAFT 2.02.24.2026 JOINT TCBOT AND WDC MINUTES DRAFT SUMMARY : The Town Council/Board of Trustees Meeting Minutes are attached for the February 17, 2026 Town Council/Board of Trustees Regular Meeting Minutes and the February 24, 2026 Town Council/Board of Trustees/Westlake Development Corporation, Inc. Special Joint Meeting Minutes for review and consideration of approval. BACKGROUND AND DISCUSSION: Approval of meeting minutes is a formal process ensuring accuracy, transparency, and compliance with the Texas Open Meetings Act. Meeting minutes must document a quorum being present, accurately reflect the meeting's proceedings, and record specific actions taken. Upon approval and execution, the minutes become the official transcript and permanent record of the meeting. Minutes of open meetings are considered public records and are available upon approval for inspection as outlined by the Texas Public Information Act upon request. FISCAL IMPACT: N/A LEGAL REVIEW: N/A RECOMMENDATION: Staff recommends approval of the minutes as presented. ACTION OPTIONS: Motion to Approve as Presented Motion to Deny Motion to Approve with Changes/Conditions Motion to Continue or Table Town Council/Board of Trustees AGENDA ITEM REPORT Page 118 of 305 Page 119 of 305 THIS PAGE IS INTENTIONALLY BLANK. The Town Council of the Town of Westlake also serves as the governing Board of Trustees for Westlake Academy. This agenda may contain both municipal and Westlake Academy items, which will be clearly identified. NOTE: To comply with Senate Bill 12, Westlake Academy items will begin no earlier than 5 p.m. but may start later depending on the progression of posted agenda items. Town Council/Board of Trustees meetings are available for viewing online via live-stream or on-demand at https://www.westlake- tx.org/787/Watch-Meetings-Live. In an effort to improve meeting efficiency, any residents wishing to speak must submit a speaker request form to the Town Secretary prior to the start of the meeting. Pursuant to Texas Government Code Section 551.127, one or more members of the Town Council may participate in this meeting by video-conference call. A quorum of the Town Council and the presiding officer will be present at the physical location of the meeting. NOTE: As authorized by Section 551.071 of the Texas Government Code, the Town Council/Board of Trustees may enter into closed Executive Session for the purpose of seeking confidential legal advice from the Town Attorney and/or School Attorney on any agenda item listed herein. A. CALL REGULAR TOWN COUNCIL MEETING TO ORDER (4 P.M.) AND ANNOUNCE A QUORUM PRESENT Mayor Greaves called the meeting to order at 4 p.m. and announced a quorum present. COUNCIL PRESENT: Mayor Kim Greaves Mayor Pro Tem Tammy Reeves Council Member Michael Yackira Council Member Kevin Smith Council Member T. J. Duane Council Member Todd Gautier STAFF PRESENT: Town Manager Wade Carroll Head of School Dr. Kelly Ritchie Deputy Town Manager Jason Alexander Dir. of Innovation and Dev. Michelle Briggs Town Secretary Dianna Buchanan Finance Director Cayce Lay Lamas Town Attorney Alex Crowley School Attorney Janet Bubert Town Attorney Matthew Boyle Fire Chief John Ard Human Resources Director Sandy Garza Communications Director Jon Sasser IT Network Admin. Duston McCready High School Principal Dr. James Owen Project Manager Jason Oliver Dir. of Secondary Education Maxwell Ituah Town Planner Cole Davenport Dir. of Accountability Darcy McFarlane Keller Police Chief Bradley Fortune Academy Finance Manager Marlene Rutledge Database Coordinator Yi Zhang IT Coordinator Mitch Wells Town Council/Board of Trustees Town of Westlake Council Chamber, 1500 Solana Blvd Building 7, Suite 7100 Westlake, TX 76262 Tuesday, February 17, 2026, 4:00 PM Meeting Minutes - Draft Page 120 of 305 B. INVOCATION AND PLEDGES OF ALLEGIANCE Pastor Clayton Reed, Southlake Baptist Church, provided the invocation. Mayor Greaves, assisted by Dr. Kelly Ritchie, Head of School, and Westlake Academy students Liv Bassett (G8) and Mays Rehman (G7) led the Pledges. At this time, Mayor Greaves announced Executive Session and Item L.1. "Section 551.071: Consultation with and legal advice from the Town Attorney regarding pending litigation - Vertical Bridge v. Town of Westlake" and recessed the Regular Meeting to Executive Session at 4:03 p.m. Mayor Greaves reconvened the Regular Meeting from Executive Session at 4:38 p.m. and directed the meeting to Item C. C. CITIZEN/PUBLIC COMMENTS This is an opportunity for citizens/public to address the Town Council/Board of Trustees on any matter, whether or not it is posted on the agenda. Anyone wishing to speak on action items must submit a speaker request form to the Town Secretary prior to the start of the meeting. Individual comments are normally limited to three (3) minutes. The presiding officer may ask the speaker to hold their comment on an agenda item if the item is posted as a Public Hearing. The Town Council/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/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. There was no one to speak at this time. D. 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. D.1. Items of Community Interest (Jon Sasser, Communications Director) Communications Director Jon Sasser provided Items of Community Interest including mention of the upcoming Planning and Zoning Commission on March 3rd, Westlake Academy Spring Break beginning March 16th thru March 20th, and details of the Ballot Order Drawing for the May 2, 2026 General election to be held at 10 a.m. on February 26th. E. PRESENTATION E.1. Receive Westlake Fire-EMS 2025 Annual Report (Fire Chief John Ard) Fire Chief John Ard provided a presentation and highlights of the Westlake Fire-EMS 2025 Annual Report. TOWN COUNCIL AGENDA ITEMS FOR CONSIDERATION F.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 REGULAR MEETING MINUTES FEBRUARY 17, 2026 PAGE 2 Page 121 of 305 Mayor Greaves asked if there were any items to be removed from the Consent Agenda. There were none. F.1. Discuss, consider and act to approve the Town Council/Board of Trustees Meeting Minutes for the January 14, 2026 Workshop meeting and the January 20, 2026 Regular Meeting. (Town Secretary Dianna Buchanan) F.2. Discuss, consider, and act to approve Resolution 26-01 adopting the 2025 Jurisdictional Annex to the Tarrant County Hazard Mitigation Action Plan. (Fire Chief John Ard) F.3. Discuss, consider and act to approve Resoluton 26-02 ratifying the approval by the Town Manager to purchase one new ambulance Ford Chassis F-550 Diesel 4X4 from Sterling McCall Ford through Houston-Galveston Area Council (HGAC) Cooperative Purchasing Program for an amount not to exceed $89,250 as part of the originally approved Resolution 25-44; and authorizing the expenditure for completion of said acquisition. (Fire Chief John Ard) Motion by Council Member Yackira and Motion Second by Council Member Gautier to approve the Consent Agenda as presented. Mayor Greaves called for the vote. Motion approved unanimously. WESTLAKE ACADEMY BOARD OF TRUSTEES AGENDA ITEMS G. CALL REGULAR WESTLAKE ACADEMY BOARD OF TRUSTEES MEETING TO ORDER (5 P.M. OR LATER) AND ANNOUNCE A QUORUM PRESENT Mayor Greaves called the Westlake Academy Board of Trustees Meeting to Order at 5 p.m. and announced a quorum present. All Board Members were present. H. PARENT/PUBLIC COMMENTS This is an opportunity for parents/public to address the Board of Trustees on any matter, whether or not it is posted on the agenda. Anyone wishing to speak on action items must submit a speaker request form to the Town Secretary prior to the start of the meeting. Individual comments are normally limited to three (3) minutes. The presiding officer may ask the speaker to hold their comment on an agenda item if the item is posted as a Public Hearing. The 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 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. This item was announced following consideration of item J. CONSENT AGENDA. Mayor Greaves acknowledged Ms. Susan Thurman, Fort Worth resident and Westlake Academy parent, who spoke regarding her concerns about Westlake Academy administration and the ethicality of the use of non-disclosure agreements in educational settings. I. PUBLIC HEARING WITH DISCUSSION I.1. Conduct Public Hearing & Discuss Westlake Academy's Charter FIRST 2025 Rating Academic Finance Manager Marlene Rutledge provided an overview of the Westlake Academy's Charter FIRST 2025 Rating details which was received by the Board and a discussion was held regarding the same. Mayor Greaves opened the public hearing and asked if there was anyone that wanted to speak regarding this matter. There was no one to speak, and Mayor Greaves closed the public hearing. TC/BOT REGULAR MEETING MINUTES FEBRUARY 17, 2026 PAGE 3 Page 122 of 305 Mayor Greaves asked if there were any items to be removed from the Consent Agenda. Council Member Duane requested Items J.3. and J.4. be removed from the Consent Agenda for individual consideration. J.1. Discuss, consider and act regarding WA Resolution 26-01 adopting the Westlake Academy Academic Calendar for School Year 2026-2027. (Dr. Kelly Ritchie, Head of School) J.2. Discuss, consider and act regarding WA Resolution 26-02 to approve submission of a Missed School Day Waiver Application to the Texas Education Agency (TEA). (Dr. Kelly Ritchie, Head of School) J.5. Discuss, consider and act to approve all library materials proposed to be purchased or donated to the Westlake Academy school library in an open meeting in compliance with SB 13. (Dr. Kelly Ritchie, Head of School) J.6. Discuss, consider and act to approve WA Resolution 26-06 adopting amendments to the Westlake Academy Admissions Policy. (Dr. Kelly Ritchie, Head of School) J.7. Discuss, consider, and act on the allocation of one additional fifth grade teaching position for the 2026-2027 school year. (Dr. Kelly Ritchie, Head of School) Mayor Greaves asked for a Motion to approve the remainder of the Consent Agenda. Motion by Council Member Yackira and Motion Second by Council Member Gautier to approve Consent Agenda Items J.1., J.2., J.5., J.6. and J.7. Motion approved unanimously. J.3. Discuss, consider and act regarding WA Resolution 26-03 to approve contracting with Technology Lab to provide Information Technology services to Westlake Academy and authorizing the Head of School to execute the agreement for same. (Dr. Kelly Ritchie, Head of School) This item was removed from the Consent Agenda for individual consideration. Dr. Ritchie, Head of School, provided an overview of the item. The proposal will outsource the academy's information technology services to a third-party company that is experienced in working with education providers, moving away from the outdated shared services model that was put in place years ago when there were less staff and students. WA has distinct needs that are related to charter schools specifically—making sure we are in TEA compliance, being as efficient and effective as possible and making sure all decisions are school-centered. Technology Lab is being recommended for award of the contract because of the expertise, work ethic, culture and solutions they offer. Council Member Duane wants to see the final contract before voting and has concerns about some of the provisions in the draft contract. School Attorney Bubert advised that the contract version Council was provided was a draft and the contract details are still being negotiated. She also said that a Request for Proposals (RFP) is not required for these professional services. Several proposed motions were not voted on as the appropriate action to move forward was discussed. Technology Lab representative James Pope addressed Town Council via telephone conference regarding the proposed contract. Staff received Board direction to continue contract negotiations with Technology Lab. Motion by Council Member Gautier and Motion Second by Council Member Yackira to Table J.3. until the February 24th Special Meeting and at that time the Board will consider the negotiated contract for final approval. Mayor Greaves called for the vote. Motion approved unanimously. J. CONSENT AGENDA TC/BOT REGULAR MEETING MINUTES FEBRUARY 17, 2026 PAGE 4 Page 123 of 305 J.4. Discuss, consider and act regarding WA Resolution 26-04 to approve a contract with Charter Impact to provide services to Westlake Academy and to authorize execution of the agreement by the Head of School. (Dr. Kelly Ritchie, Head of School) This item was removed from the Consent Agenda for individual consideration. Staff received direction to continue to negotiate the contract with Charter Impact and to return to Council with the final contract. Council Member Gautier made a motion to Table the Item until we have the final contract and bring it back at the February 24th special meeting for final approval. Motion second by Mayor Pro Tem Reeves. Mayor Greaves called for the vote. Motion approved unanimously. Mayor Greaves directed the meeting to Item H. Parent/Public Comments at this time. K. REGULAR AGENDA ITEMS K.1. Discuss, consider and act regarding WA Resolution 26-05 Affirming the Constitutional and Legal Right to Choose to Pray in School and Opposing a resolution to adopt a state-organized prayer policy for our district, as contemplated by S.B. 11, 89th Legislature, codified at Texas Education Code § 25.0823. (Dr. Kelly Ritchie, Head of School) Dr. Ritchie, Head of School, provided an overview of the item. Motion by Council Member Gautier and Motion Second by Council Member Yackira to approve WA Resolution 26-05 affirming the constitutional and legal right to choose to pray in school and opposing a resolution to adopt a state-organized prayer policy for our district, as contemplated by S.B. 11, 89th Legistlature, codified at Texas Education Code Section 25.0823. Mayor Greaves called for the vote. Motion approved unanimously. L.EXECUTIVE SESSION The Town Council/Board of Trustees will conduct a closed session pursuant to Section 551.071 (2) of the Texas Government Code, for the purpose of seeking confidential legal advice from the Town Attorney/Westlake Academy Attorney for the following: At this time, Mayor Greaves announced Item L.1. and recessed the Regular Meeting to Executive Session at 5:59 p.m. L.1. Section 551.071: Consultation with and legal advice from the Town Attorney regarding pending litigation - Vertical Bridge v. Town of Westlake. L.2. Section 551.087: Deliberation regarding Economic Development Negotiations - to deliberate the offer of a financial or other incentive to business prospects: a. 2025-05 b. 2025-08 Mayor Greaves reconvened the Regular Meeting from Executive Session at 7:04 p.m. M. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS There was no action as a result of Executive Session. N. FUTURE AGENDA ITEMS No Future Agenda Items were mentioned. TC/BOT REGULAR MEETING MINUTES FEBRUARY 17, 2026 PAGE 5 Page 124 of 305 O. STAFF RECAP OF TOWN COUNCIL/BOARD DIRECTIONS RECEIVED None were mentioned. P. ADJOURNMENT Mayor Greaves reminded the March meeting will be held March 24th and there is a scheduled Special Meeting on February 24th. He adjourned the meeting at 7:06 p.m. ______________________________________ Kim Greaves, Mayor and Board President Approved by the Town Council/Board of Trustees at the Regular Meeting Held on March 24, 2026. ATTEST: _______________________ Dianna Buchanan Town/Board Secretary TC/BOT REGULAR MEETING MINUTES FEBRUARY 17, 2026 PAGE 6 Page 125 of 305 The Town Council of the Town of Westlake also serves as the governing Board of Trustees for Westlake Academy. This agenda may contain both municipal and Westlake Academy items, which will be clearly identified. NOTE: To comply with Senate Bill 12, Westlake Academy items will begin no earlier than 5 p.m. but may start later depending on the progression of posted agenda items. Town Council/Board of Trustees meetings are available for viewing online via live-stream or on-demand at https://www.westlake- tx.org/787/Watch-Meetings-Live. In an effort to improve meeting efficiency, any residents wishing to speak must submit a speaker request form to the Town Secretary prior to the start of the meeting. Pursuant to Texas Government Code Section 551.127, one or more members of the Town Council/Board of Trustees and/or Westlake Development Corporation Board may participate in this meeting by video- conference call. A quorum of the Town Council and the presiding officer will be present at the physical location of the meeting. A quorum of the Westlake Development Corporation Board and the presiding officer will be present at the physical location of the meeting. NOTE: As authorized by Section 551.071 of the Texas Government Code, the Town Council/Board of Trustees and/or the Westlake Development Corporation Board may enter into closed Executive Session for the purpose of seeking confidential legal advice from the Town Attorney and/or School Attorney on any agenda item listed herein. A. CALL SPECIAL TOWN COUNCIL/BOARD OF TRUSTEES JOINT MEETING WITH THE WESTLAKE DEVELOPMENT CORPORATION TO ORDER (5 P.M) AND ANNOUNCE QUORUMS PRESENT Mayor Greaves called the meeting to order at 5 p.m. and announced quorums present. COUNCIL PRESENT: Mayor Kim Greaves Mayor Pro Tem Tammy Reeves Council Member Michael Yackira Council Member Kevin Smith Council Member T. J. Duane Council Member Todd Gautier WESTLAKE DEVELOPMENT CORPORATION BOARD OF DIRECTORS PRESENT: President Kim Greaves Treasurer Todd Gautier Vice President Tammy Reeves Director John Nestor Director Matthew Rose Director Mike Asselta*present virtually STAFF PRESENT: Town Manager Wade Carroll Head of School Dr. Kelly Ritchie Deputy Town Manager Jason Alexander Dir. of Innovation and Dev. Michelle Briggs Town Secretary Dianna Buchanan School Attorney Janet Bubert Town Attorney Alex Crowley IT Network Administrator Duston McCready Deputy Director of IT Ray Workman Town Council/Board of Trustees Town of Westlake Council Chamber, 1500 Solana Blvd Building 7, Suite 7100 Westlake, TX 76262 Tuesday, February 24, 2026, 5:00 PM Meeting Minutes - Draft Page 126 of 305 TOWN COUNCIL AGENDA ITEMS At this time, Mayor Greaves announced Executive Session and Items B.1. and B.2., and adjourned the meeting to Executive Session at 5:01 p.m. B. EXECUTIVE SESSION The Town Council/Board of Trustees and Westlake Development Corporation Board will conduct a closed session pursuant to Section 551.071 (2) of the Texas Government Code, for the purpose of seeking confidential legal advice from the Town Attorney/Westlake Academy Attorney for the following: B.1. Section 551.072: Deliberation regarding the Purchase, Exchange, Lease or Value of Real Property: a.48 and 52 Girona and 34 Cortez, Westlake Entrada B.2. Section 551.087: Deliberation regarding Economic Development Negotiations - to deliberate the offer of a financial or other incentive to business prospects: a. Project 2025-06 b. Project 2025-09 Mayor Greaves reconvened the Regular Meeting from Executive Session at 5:49 p.m. C. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS WESTLAKE DEVELOPMENT CORPORATION (WDC) WDC Board Chairman Kim Greaves asked if there was any action needed as a result of Executive Session? Motion by WDC Director John Nestor with Second by WDC Director Todd Gautier to grant authority to the WDC Board Chairman to execute documents as discussed during Executive Session related to Project 2025-09 on behalf of the Westlake Development Corporation, Inc. Board Chairman Greaves called for the vote. Motion approved 5 ayes - 0 nays - 2 absent. Director Asselta did not vote as he did not return to the meeting via virtual connection after Executive Session. WESTLAKE TOWN COUNCIL Mayor Greaves asked if there was any action needed as a result of Executive Session? Motion by Council Member Todd Gautier with Second by Council Member Michael Yackira to grant authority to the Mayor to execute documents as discussed during Executive Session related to Project 2025-09 on behalf of the Town of Westlake. Mayor Greaves called for the vote. Motion approved unanimously. WESTLAKE ACADEMY BOARD OF TRUSTEES AGENDA ITEMS D. REGULAR AGENDA ITEMS D.1. (TABLED 2.17.2026) Discuss, consider and act regarding WA Resolution 26-03 to approve contracting with Technology Lab to provide Information Technology services to Westlake Academy and authorizing the Head of School to execute the agreement for same. (Dr. Kelly Ritchie, Head of School) The contract with Technology Lab is still being negotiated. Motion by Council Member Yackira and Motion Second by Council Member Gautier to continue the item to the March 24, 2026 Town Council/Board of Trustees meeting. Mayor Greaves called for the vote. Motion approved unanimously. D.2. (TABLED 2.17.2026) Discuss, consider and act regarding WA Resolution 26-04 to approve a contract with Charter Impact to provide services to Westlake Academy and to authorize execution of the agreement by the Head of School. (Dr. Kelly Ritchie, Head of School) Dr. Ritchie, Head of School, provided an overview of the negotiated contract for consideration of approval. School Attorney Janet Bubert and Charter Impact TC/BOT SPECIAL & JOINT WDC MEETING MINUTES FEBRUARY 24, 2026 PAGE 2 Page 127 of 305 representative Dave Murphy (via remote connection) participated in the discussion regarding the contract. Motion by Council Member Gautier and Motion Second by Council Member Yackira to approve WA Resolution 26-04 approving the proposed contract between Westlake Academy and Charter Impact, with revisions at the reqeust of Council Member Duane to clarify the 90-day transition services to be provided by Charter Impact following termination of the agreement. Mayor Greaves called for the vote. Motion approved unanimously. E. FUTURE AGENDA ITEMS None were mentioned. F.STAFF RECAP OF TOWN COUNCIL/BOARD DIRECTIONS RECEIVED None were mentioned. G. ADJOURNMENT Mayor Greaves reminded that the next regular Town Council/Board of Trustees Meeting is March 24th and adjourned the meeting at 6:18 p.m. _______________________________________ Kim Greaves, Mayor and Board President ATTEST: _______________________________________ DD TC/BOT SPECIAL & JOINT WDC MEETING MINUTES FEBRUARY 24, 2026 PAGE 3 Approved by the Town Council/Board of Trustees at the Regular Meeting held March 24, 2026. Dianna Buchanan, Town/Board Secretary Page 128 of 305 DATE: March 24, 2026 AGENDA ITEM NO: H.2. FROM: Kyle Flanagan, Public Works Director, Public Works SUBJECT: Discuss, consider and act to approve Resolution 26-03 authorizing the execution of the Interlocal Agreement by and between the Trinity River Authority of Texas, the Town of Westlake, and the City of Southlake for the transfer of ownership and maintenance responsibility of the Sanitary Sewer Trunk Main N-1 Wastewater Pipeline to the Trinity River Authority in perpetuity by the Town Manager. ATTACHMENTS: 1. Resolution 26-03 ILA with TRA and Soutlake to Transfer N-1 Sewer Main 2. TRA Westlake Southlake Interlocal Agreement N-1 Line 3. TRA Westlake Southlake N1 Exhibit MS1_8N ILA Ownership SUMMARY : This agreement will transfer ownership and future maintenance of the 18-inch N-1 sewer line from the Town of Westlake and City of Southlake to the Trinity River Authority (TRA). The attached Interlocal Agreement (ILA) has been approved by the Southlake Town Council and executed. Upon approval by Westlake Town Council, the (ILA) will be provided to the Trinity River Authority for execution to complete the transfer. BACKGROUND AND DISCUSSION: The developer of Coventry development in Southlake constructed the off-site sanitary sewer improvements in 1995 to serve 1,163 acres located in Southlake and 1078 acres in Westlake. Since that time, development in Westlake has tied into the Coventry sewer line based on interlocal agreements with Southlake for Vaquero, Quail Hollow, Glenwyck, The Knolls, Entrada, and Terra Bella. The Town of Westlake approved prior interlocal agreements with Southlake that allowed them to charge Westlake the TRA costs for sewer service plus an administration fee of 10% in the most recent agreement. The transfer of ownership of the N-1 sewer line, which includes approximately 6,500 linear feet of pipe and related appurtenances that connect to TRA’s existing wastewater system was initiated by Southlake in 2005/2006. The purpose of the transfer was to reduce the future maintenance responsibilities and costs from Southlake and Westlake. The TRA agreed to the transfer but stipulated that a sewer study be carried out and any recommendations be made by the municipalities prior to their acceptance of the main line. At that time, the City of Southlake performed maintenance improvements on their share of the N-1 manholes, as noted in the study. The Town of Westlake did not perform their share of the agreed-upon maintenance improvements, thus stalling the transfer. Current Westlake Public Works staff re-initiated discussions with TRA and Southlake and all Town Council/Board of Trustees AGENDA ITEM REPORT Page 129 of 305 parties agreed that the transfer would be beneficial to the public. Based on the interlocal agreement before you, the Trinity River Authority has agreed to perform the remaining manhole maintenance improvements once the N-1 sanitary sewer line is transferred. Also, upon approval of the interlocal agreement, TRA will take over the metering station at the Southlake Meadows development from the City of Southlake (located at Sam School Road) which meters flow from Westlake and Southlake and will be used to bill each entity for sewer use. Approval of this item will simplify billing for the Town of Westlake, as the Trinity River Authority will begin billing Westlake directly, and remove Southlake from the process. This will reduce our current rate for sewer service. The City of Southlake presented the interlocal agreement to their Council in January and it was approved. The executed copy is attached. The ILA will be transmitted upon Westlake Town Council's approval to the Trinity River Authority for final approval and acceptance to complete the transfer of ownership of the sanitary sewer N-1 trunk main to the TRA. No payment or compensation shall be exchanged by the parties under the agreement. FISCAL IMPACT: There is no cost to the Town of Westlake for the transfer of ownership of the N-1 Sewer Line to the Trinity River Authority. LEGAL REVIEW: Yes. RECOMMENDATION: Staff recommends approval of Resolution 26-03 as presented to authorize the execution of the Interlocal Agreement by and between the Trinity River Authority of Texas, the Town of Westlake, and the City of Southlake for the transfer of ownership and maintenance responsibility of the Sanitary Sewer Trunk Main N-1 wastewater pipeline to the Trinity River Authority in perpetuity by the Town Manager. ACTION OPTIONS: Motion to Approve as Presented Motion to Deny Motion to Approve with Changes/Conditions Motion to Continue or Table Page 130 of 305 Resolution 26-03 Page 1 TOWN OF WESTLAKE RESOLUTION NO. 26-03 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING AN INTERLOCAL AGREEMENT BY AND BETWEEN THE TRINITY RIVER AUTHORITY OF TEXAS, THE TOWN OF WESTLAKE, AND THE CITY OF SOUTHLAKE FOR THE TRANSFER OF OWNERSHIP AND MAINTENANCE RESPONSIBILITY OF THE SANITARY SEWER TRUNK MAIN N-1 WASTEWATER PIPELINE TO THE TRINITY RIVER AUTHORITY IN PERPETUITY AND AUTHORIZING EXECUTION BY THE TOWN MANAGER WHEREAS, Chapter 791 of the Texas Government Code, also known as the Interlocal Cooperation Act, and Chapter 271.102 of the Local Government Code authorize all local governments to contract with each other to perform governmental functions or services; and WHEREAS, the Town of Westlake, City of Southlake, and the Trinity River Authority desire to enter into this agreement for the purpose of transferring the ownership and maintenance responsibility of the Sanitary Sewer Trunk Main N-1 Wastewater Pipeline to the Trinity River Authority; and WHEREAS, the participating entities are of the opinion that the transfer of ownership and maintenance as provided in the Interlocal Agreement attached as “Exhibit A” will be beneficial to to the taxpayers of the entities through the efficiencies and potential savings to be realized; 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 Council of Westlake does hereby approve the Interlocal Agreement between the Town of Westlake, the City of Southlake and the Trinity River Authority transferring the ownership and maintenance responsibility of the Sanitary Sewer Trunk Main N-1 Wastewater Pipeline to the Trinity River Authority in perpetuity, and authorizes the Town Manager to execute the Interlocal Agreement attached hereto as “Exhibit A”. Page 131 of 305 Resolution 26-03 Page 2 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 Resolut ion without the invalid provision. SECTION 4: That this Resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 24th DAY OF MARCH, 2026. ___________________________________ Kim Greaves, Mayor ATTEST: ________________________________ Dianna Buchanan, Town Secretary APPROVED AS TO FORM: ________________________________ Alex Crowley, Town Attorney Page 132 of 305 Page 133 of 305 Page 134 of 305 Page 135 of 305 Page 136 of 305 Page 137 of 305 Page 138 of 305 Page 139 of 305 Page 140 of 305 MARCH 24, 2026 Alex Crowley Page 141 of 305 Page 142 of 305 Page 143 of 305 Page 144 of 305 END TRA OWNERSHIP @ STA 2+95±(BACK OF CURB) BEGIN TRA OWNERSHIP @ STA 2+80±(EDGE OF CRUSHED STONE) END TRA OWNERSHIP @ STA 2+95±(BACK OF CURB) BEGIN TRA OWNERSHIP @ STA 2+80±(EDGE OF CRUSHED STONE) EXHIBIT A Page 145 of 305 DATE: March 24, 2026 AGENDA ITEM NO: H.3. FROM: Kyle Flanagan, Public Works Director, Public Works SUBJECT: Discuss, consider and act regarding Resolution 26-04 to approve a contract authorizing a professional services agreement with Westwood Professional Services, Inc. for engineering the design of the Westlake Pump Station Generator Installation for an amount not to exceed $57,500. ATTACHMENTS: 1. Res 26-04 PSA Westwood Engineering Generator 2. Res 26-04 Attachment A PSA Westwood SUMMARY : The existing Pump Station located along United States (“U.S.”) Highway 377 was constructed in early 2000 and requires critical improvements and upgrades to reliably provide potable water to the Town of Westlake (the “Town”). BACKGROUND AND DISCUSSION: The existing Pump Station located along United States (“U.S.”) Highway 377 was constructed in early 2000 and requires critical improvements and upgrades to reliably provide potable water to the Town of Westlake (the “Town”). This was identified as a project in the Pump Station Condition Assessment conducted earlier this year. The Town has already procured --- and is anticipating delivery of a new generator in June 2026. The scope of this project consists of design plans for the addition of a proposed generator to accommodate the pump station expansion, and electrical and civil plans to site and connect the generator to the site electrical system. The approximately 25-year-old pump station is critical to the continued operation and maintenance of the Town’s public water system. The Department of Public Works has identified upgrades, as many of the components are either at their end of life, or the technology has become outdated. Pursuant to Resolution 25-05, the Town Council authorized the procurement of a 700KW on-site backup diesel generator set for the Town’s water pump station in the amount of $342,481.28 --- utilizing Sourcewell Cooperative Purchasing Contract #092222-CAT. Staff has been informed the anticipated completion date of the generator build is June of 2026. The scope of this project is for project management, coordination and permitting, civil design, electrical design, structural design, bid phase services and construction administration. During the pump station evaluation performed by Freese and Nichols, Inc., the pump station Town Council/Board of Trustees AGENDA ITEM REPORT Page 146 of 305 generator was found to be defective and the firm recommended that it be replaced. Westwood Professional Services, Inc. provides engineering design services to municipalities throughout the DFW Metroplex. They have a team of specialized professionals that design multiple municipal water systems including ESTs and PSs[JA1.1] in the area. Engineering design is a professional service that is not required to be bid. Funding for the design and construction of the Pump Station Improvement project will come from the 2025 Certificate of Obligation and is included in the 5-year Capital Improvement Plan (“CIP”) approved by the Town Council on September 16, 2025. FISCAL IMPACT: The cost of the agreement with Westwood Professional Services, Inc. for the engineering design of the Pump Station Improvement project in the amount of $57,500 will be paid from the 2025 Certificate of Obligation. LEGAL REVIEW: N/A. RECOMMENDATION: Staff recommends approval of Resolution 26-04 authorizing a professional services agreement with Westwood Professional Services, Inc. for the engineering design of the Westlake Pump Station Improvements project in an amount not to exceed $57,500. ACTION OPTIONS: Motion to Approve as Presented Motion to Deny Motion to Approve with Changes/Conditions Motion to Continue or Table Page 147 of 305 TOWN OF WESTLAKE RESOLUTION NO. 26-04 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZATING THE TOWN MANAGER OR HIS DESIGNEE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH WESTWOOD PROFESSIONAL SERVICES, INC. FOR THE ENGINEERING DESIGN OF THE WESTLAKE PUMP STATION GENERATOR INSTALLATION IMPROVEMENTS PROJECT IN AN AMOUNT TO EXCEED $57,500. WHEREAS, the Town Council of the Town of Westlake recognizes the need to maintain and protect public infrastructure to serve its residents; and, WHEREAS, the Town Council recognizes that the professional engineering design of the Pump Station improvements is critical to reliably provide potable water to the Town of Westlake; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of the Town 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 Council for the Town of Westlake does hereby authorize a professional services agreement with Westwood Professional Services, Inc., “ATTACHMENT A”, for the engineering design of the Westlake Pump Station Generator Installation Design project for the existing pump station located along United States (“U.S.”) Highway 377. SECTION 2: That the funding for the professional services agreement of the pump station generator installation project which is included in the Town of Westlake’s 5-year Capital Improvement Plan (“CIP”) in an amount not to exceed $57,500 will be paid for from the 2025 Certificates of Obligation. 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. Page 148 of 305 Resolution 26-04 Page 2 PASSED AND APPROVED ON THIS 24th DAY OF MARCH 2026. ___________________________________ Kim Greaves, Mayor ATTEST: ________________________________ Dianna Buchanan, Town Secretary APPROVED AS TO FORM: ________________________________ Alex Crowley, Town Attorney Page 149 of 305 February 3, 2026 Project No.: 0070155.01 Mr. Kyle Flanagan Deputy Director of Public Works TOWN OF WESTLAKE 1500 Solana Boulevard The Terraces Building 7, Suite 7200 Westlake, Texas 76262 Re: Professional Engineering Services WESTLAKE GENERATOR DESIGN Westlake, Texas Dear Mr. Flanagan: Westwood Professional Services, Inc. is pleased to submit this proposal to provide professional civil and electrical engineering services relating to the referenced project. It is our understanding the project consists of design plans for a new generator for the Town's Pump Station site. Based on our preliminary discussions and the information received to date, our perception of the project is described in the attached documents: •General Conditions of Agreement; •Exhibit A – Scope of Services; •Exhibit B – Compensation and Method of Payment; •Exhibit C – Insurance; and •Exhibit D – Schedule Westwood Professional Services, Inc. is pleased to have this opportunity to submit this proposal and look forward to working with you on this project. If the proposed agreement is acceptable to you as presented, please execute one copy of the agreement form and return one original copy to our office. If you have any questions or would like any additional information, please do not hesitate to call us at your convenience. Sincerely, Clint A. Bissett, P.E. CAB/jmc "ATTACHMENT A" RESOLUTION 26-04 Page 150 of 305 Westwood General Conditions of Agreement Page 1 of 13 Rev.2023 General Conditions of Agreement Westwood Professional Services, Inc. These General Conditions of Agreement for the Westlake Generator Design (the “Project”), together with the attached Exhibits and any amendments hereto, are an agreement (collectively, the “Agreement”) between Town of Westlake (“Client”), a Texas Governmental Entity, and Westwood Professional Services, Inc. (“Westwood”), a Texas corporation. Client and Westwood are each a “Party” and collectively, the “Parties” to this Agreement dated February 3, 2026 (the “Effective Date”). 1.01 BASIC AGREEMENT In exchange for the mutual covenants and promises contained in this Agreement and for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree that Westwood shall provide, or cause to be provided, the professional services (the “Services”) set forth in this Agreement for Client in exchange for payment contemplated herein. In addition, Westwood shall provide drawings, specifications, plans, designs, work product, and other items and materials as described in this Agreement (the “Deliverables”). 2.01 SCOPE AND RESPONSIBILITIES A.Westwood. Westwood shall perform Services for the Project as set forth in the Scope of Services & Fee Proposal, attached and incorporated by reference herein as Exhibit “A”, in accordance with the terms of this Agreement and consistent with the Project Schedule, attached and incorporated by reference herein as Exhibit “E”. Westwood reserves the right to augment its staff with employees and/or consultants as it deems appropriate to assist in the performance of Services for the Project due to Project logistics, scheduling issues, and/or market conditions. The Deliverables and all other documents, software, data, intellectual property, and other work products created, developed, produced, delivered, performed, and/or provided by Westwood, whether in hard copy or in electronic form, are instruments of service (“Instruments of Service”) for this Project, whether the Project is completed or not. B.Client. In addition to the other responsibilities described in this Agreement and/or imposed by law or in equity, Client shall have the following obligations: 1.Provide all information and criteria as to Client’s requirements, objectives, and expectations for the Project, including all numerical criteria that Client expects Westwood and its consultants, if any, to meet, including all standards of development, design, and/or construction. 2.Provide Westwood all previous studies, plans, and/or other documents pertaining to the Project, including but not limited to the contract with the property owner (the “Prime Contract”), if any, and all applicable data requested by Westwood. 3.Arrange for reasonable access to the Project site and other private or public property, including any easements or other authorizations as required for Westwood to provide the Services. 4.Review all documents and/or oral reports presented by Westwood and render in writing decisions pertaining thereto within a reasonable time so as not to delay the Services for the Project. 5.Apply for and furnish applicable approvals, licenses, and/or permits from governmental authorities having jurisdiction over the Project. 6.Furnish certifications and/or consents from other entities as may be necessary from time to time and in accordance with Section 10.01.C herein. Page 151 of 305 Westwood General Conditions of Agreement Page 2 of 13 Rev.2023 7.Be responsible for obtaining from others such independent accounting, legal, insurance, cost estimating, and overall feasibility services as Client may desire for the Project. 8.Comply with all applicable safety guidelines at the Project site at its own expense. 9.Give reasonably prompt written notice to Westwood whenever Client becomes aware of any development that affects the scope, timing, and/or payment of Westwood’s Services and/or any defect or noncompliance in any aspect of the Project. 10.Bear all costs incidental to the responsibilities of Client under this Agreement. 3.01 ADDITIONAL SERVICES A.The Parties recognize that the Project scope may change from time to time, and in such an event, Westwood may furnish services in addition to those set forth in the Scope of Services & Fee Proposal, if authorized by Client in writing. B.In such case(s), the Parties shall appropriately and reasonably adjust Westwood’s Services, the Project Schedule, and compensation for such additional services. Specifically, Client shall pay Westwood for such additional services an amount equal to the cum ulative hours charged to the Project by each class of Westwood’s employees multiplied by the rates for each applicable billing class plus reimbursable expenses and Westwood’s consultant charges, if any. Client shall also adjust the budget and anticipated design and construction milestones, if any, as necessary to accommodate such changes to the Project Schedule. 4.01 PAYMENT PROCEDURES A.Compensation. Client shall compensate Westwood for its Services as set forth in the Compensation & Method of Payment/Fee Schedule, attached and incorporated by reference herein as Exhibit “B”, including any subsequent amendments and/or change orders. Client shall pay Westwood as follows: 1.Hourly. If the Services are agreed to be on an hourly basis, invoice amounts shall be in accordance with Westwood’s Fee Schedule in effect at the time when the Services are performed. Westwood’s standard hourly rates in the Fee Schedule shall be defined as an amount equal to the cumulative hours charged to the Project by Westwood’s employees times standard hourly rates for each applicable billing class for all Services performed on the Project plus reimbursable expenses and Westwood’s consultant charges, if any. Fee Schedule prices and rates are subject to change. 2.Lump Sum. If the Services are agreed to on a lump sum basis, invoice amounts shall be an amount equal to the percent of each task’s completion multiplied by the lump sum of the task plus reimbursable expenses and Westwood’s consultant charges, if any. Reimbursable expenses are defined as project-related internal expenses to Westwood actually incurred plus all invoiced external reimbursable expenses allocable to the specific project, the latter of which is multiplied by a factor of 1.15. If applicable, when compensation to Westwood includes charges of Westwood’s consultants, those charges shall be the amounts billed by Westwood’s consultants to Westwood multiplied by a factor of 1.15. The consultant’s reimbursable expenses and Westwood’s factors include consultant overhead and profit associated with Westwood’s responsibility for the administration of such services. Page 152 of 305 Westwood General Conditions of Agreement Page 3 of 13 Rev.2023 Fee estimates are included in the Scope of Services & Fee Proposal. Westwood may alter the distribution of compensation between individual phases of work to be consistent with Services actually rendered. B. Preparation of Invoices. Westwood will prepare a monthly invoice in accordance with Westwood’s standard invoicing practices and submit the invoice to Client. C. Payment of Invoices. Invoices are due and payable within thirty (30) days of receipt. D. Termination or Suspension of Services. If Client fails to make any payment due to Westwood for fees, costs, or expenses within thirty (30) days of receipt of Westwood’s invoice, such failure shall be considered substantial nonperformance and cause for termination in accordance with Section 9.01.B.2.iii of this Agreement. Alternatively, Westwood may suspend Services under t his Agreement until Westwood has been paid in full for all amounts due and after giving seven (7) days advance written notice to Client. In the event of a suspension of Services, Westwood shall have no liability for delay or damage caused because of its suspension of Services. If Westwood resumes its Services after being paid all amounts due, the Project and Fee Schedules may be equitably adjusted, if necessary. E. Payment Disputes. Client shall provide written notification to Westwood within fourteen (14) days of receipt of the invoice should Client object to all or any part of the charges appearing on the invoice. Such written notice shall set forth, at a minimum, the specific portion of the invoice disputed, the amount disputed, and the alleged factual and legal basis for the dispute. The portion of the invoice not in dispute shall be paid by Client within thirty (30) days receipt of said invoice, and the disputed portion shall be resolved in accordance with Section 8.01 herein. In no event shall Client withhold amounts from Westwood’s compensation to impose a penalty or liquidated damages unless Westwood has been found liable for the amounts in a binding dispute resolution proceeding or lawsuit. Further, Westwood has the right to engage consultants to mitigate its damages, if needed. F. Taxes. Each Party shall be solely responsible for their own tax returns and payments required to be filed with or made to any federal, state or local tax authority with respect to this Agreement. G. Attorney Fees. In the event that Westwood must retain an attorney or collection agency due to Client’s breach of this Agreement and/or to recover amounts due and owing to Westwood, including any additional services authorized by Client in writing pursuant to Section 3.01, Client shall be liable for all fees, costs, and expenses, including reasonable attorney fees, incurred regardless of whether an action is filed or not. H. Interest. Interest on any outstanding invoice balance past 30 days shall accrue at the rate of 1.25% per month or the highest rate permitted by law. Payments will be credited first to interest and then to principal. 5.01 INTELLECTUAL PROPERTY A. Ownership and License. Upon Westwood’s receipt of full payment for the Deliverables and/or Instruments of Services, Client shall be the owner of all right, title, and interest in and to any and all Deliverables and/or Instruments of Service. Provide, however, that Westwood sha ll retain any ownership, copyright, and property interests in its standard systems, sections, details and specification. Page 153 of 305 Westwood General Conditions of Agreement Page 4 of 13 Rev.2023 B.Reuse. Deliverables and/or Instruments of Service are not intended or represented to be suitable and are not licensed to Client for reuse, change, or alteration on extensions of the Project or on any other project without the express written permission of Westwood. Any unauthorized use of the Deliverables and/or Instruments of Service will be at the Client’s sole risk without legal exposure or liability to Westwood. 6.01 GENERAL CONSIDERATIONS A.Standard of Care. The standard of care (“Standard of Care”) for all Services performed or furnished by Westwood under this Agreement will be the care and skill ordinarily used by members of Westwood’s profession practicing under similar circumstances at the same time and in the same locality. Westwood shall perform its Services as expeditiously as is consistent with such professional skill and care and in accordance with the orderly progress of the Project. B.DISCLAIMER OF WARRANTIES AND GUARANTEES. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 6.01.A ABOVE, WESTWOOD MAKES NO OTHER WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO WESTWOOD’S SERVICES UNDER THIS AGREEMENT. WESTWOOD HEREBY DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. THESE SERVICES AND THIS DISCLAIMER EXTEND TO ALL WESTWOOD DELIVERY SERVICES, SOFTWARE, DATA, AND ALL OTHER WESTWOOD WORK PRODUCT AND INTELLECTUAL PROPERTY. FURTHER, WESTWOOD NEITHER GUARANTEES THE PERFORMANCE OF ANY THIRD PARTY, INCLUDING CONTRACTORS, USING THE DELIVERABLES OR SERVICES NOR ASSUMES ANY RESPONSIBILITY FOR ANY THIRD PARTY’S FAILURE TO FURNISH OR PERFORM ANY WORK THAT USES THE DELIVERABLES OR SERVICES. C.Compliance with Laws. The Parties will apply the Standard of Care identified in Section 6.01.A and will comply with applicable laws, codes, regulations, and ordinances in effect during the term of this Agreement, which to the best of each Party’s knowledge, information, and b elief, apply to each Party’s respective obligations. D.Right of Entry. Client grants to Westwood, and, if the Project site is not owned by Client, shall obtain permission for, a reasonable right of entry, access, and/or easement from time to time by Westwood, its employees, agents, and/or consultants upon the Project site f or the purpose of providing the Services. Upon written request and approval by Westwood, Westwood may assist Client in obtaining necessary permits and/or licenses related to rights of entry and/or easements in order for Westwood and Westwood’s consultants, if any, to adequately access and perform Services at the Project site under this Agreement. E.Underground Data and Investigative Equipment. Client shall advise and provide Westwood with all information and data in its possession concerning the type and location of all underground utilities, both public and private, as applicable. Client recognizes that the use of investigative equipment and practices may unavoidably alter the existing Project site conditions and affect the environment in the area being studied despite the use of reasonable care. To the extent allowed by Texas law, Client shall indemnify and hold Westwood harmless from claims for damages caused by reasons of Westwood’s provision of Services under this Section. Page 154 of 305 Westwood General Conditions of Agreement Page 5 of 13 Rev.2023 F.Reliance on Client-Provided Data. Client shall be responsible for—and Westwood and its consultants, if any, may use and/or rely upon—the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by Client or Client’s consultants, if any, including but not limited to Client’s contractors, manufacturers, and/or suppliers (collectively, “Client-Provided Data”). Westwood may use such Client-Provided Data in performing or furnishing the Services under this Agreement, and Westwood shall coordinate the Services with the work provided by Client and/or Client’s consultants for the Project. G.Corrections. Within 60 days of delivery, if Client reasonably and timely notifies Westwood in writing of a deficiency(ies) with Westwood’s Services, Deliverables, and/or Instruments of Service, Westwood—as Client’s sole and exclusive remedy—shall correct such deficiency(ies) without additional compensation to Client within 60 days after Westwood’s receipt of Client’s written notice, except to the extent such action is directly attributable to deficiencies in Client-Provided Data. If for any reason Westwood is not able to correct such deficiency(ies) within 60 days after Westwood’s receipt of Client’s written notice under this Section, Westwood will notify Client and will advise in writing the timeframe needed to correct the deficiency(ies) as expeditiously as possible. H.Responsibility for Others. Westwood shall not be responsible for the acts, errors, or omissions of any consultant(s), contractor(s), subconsultant(s), subcontractor(s), and/or supplier(s), or of any of their agents or employees or any other persons (except Westwood’s own employees or those for whom Westwood is legally responsible) furnishing or performing any work or for any decision made on interpretations or clarifications of Deliverables or Instruments of Service without the consultation and advice of Westwood. I.Non-Construction Phase Work. It is understood and agreed that if Westwood’s Services under this Agreement do not include construction-phase work, and that such work will be provided by Client or others on behalf of Client, then Client assumes all responsibility for interpretation of the Deliverables and/or Instruments of Service for construction observation and/or review. In such instances, if applicable, Client waives any and all claims against Westwood that may be in any way connected thereto. Further, Westwood shall not be required to make exhaustive or continuous on- site inspections of the Project to check the quality or quantity of the work for construction but will reasonably promptly report to Client known deviations, defects, and/or deficiencies, if any. J.Hazardous Environmental Conditions. The Parties acknowledge this Agreement does not include any Services related to a hazardous environmental condition. Such conditions include, but are not limited to the presence of, asbestos, polychlorinated byphenyls, petroleum, toxic substances or waste, and/or radioactive materials (collectively, “Hazardous Environmental Conditions”). If Westwood or any other entity or individual encounters a Hazardous Environmental Condition, Westwood may, at its option and without liability for consequential, liquidated, or any other damages, suspend performance of Services on the portion of the Project affected thereby until Client (i) retains an appropriate specialist consultant and/or contractor to identify and, as appropriate, abate, remediate, and/or remove the Hazardous Environmental Condition and (ii) warrants that the site is in full compliance with applicable laws, codes, regulations, and ordinances then in effect, if any. Westwood shall have no responsibility for the discovery, presence, handling, removal, disposal of, or exposure of persons or property to any such Hazardous Environmental Condition in any form at the Project site. K.Substitutions. Westwood shall not be responsible for Client’s directive, substitution, or acceptance of non-conforming work at the Project that is made or given without Westwood’s written approval. Page 155 of 305 Westwood General Conditions of Agreement Page 6 of 13 Rev.2023 7.01 ALLOCATION OF RISKS A.INDEMNITY BY WESTWOOD. TO THE FULLEST EXTENT PERMITTED BY LAW, WESTWOOD SHALL INDEMNIFY AND HOLD HARMLESS (BUT SHALL NOT DEFEND) CLIENT, CLIENT’S OFFICERS, DIRECTORS, PARTNERS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS FOR COSTS, LOSSES, OR DAMAGES TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF WESTWOOD OR WESTWOOD’S OFFICERS, DIRECTORS, PARTNERS, OR EMPLOYEES IN THE PERFORMANCE OF WESTWOOD’S OBLIGATIONS UNDER THIS AGREEMENT. IN NO EVENT SHALL WESTWOOD’S INDEMNITY OBLIGATIONS EXTEND BEYOND ANY APPLICABLE ANTI- INDEMNITY STATUTE OR THE LIMITS OF LIABILITY CONTEMPLATED IN SECTION 7.01.C BELOW. B.INDEMNITY BY CLIENT. TO THE FULLEST EXTENT PERMITTED BY LAW, CLIENT SHALL INDEMNIFY AND HOLD HARMLESS (BUT SHALL NOT DEFEND) WESTWOOD, WESTWOOD’S OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AND WESTWOOD’S CONSULTANTS, IF ANY, FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS FOR COSTS, LOSSES, OR DAMAGES TO THE EXTENT CAUSED IN WHOLE OR IN PART BY THE NEGLIGENT ACTS OR OMISSIONS OF CLIENT OR CLIENT'S OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, OR CLIENT'S CONSULTANTS IN THE PERFORMANCE OF CLIENT’S OBLIGATIONS UNDER THIS AGREEMENT. C.LIMITATION OF LIABILITY. 1.IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF THIS AGREEMENT TO CLIENT AND WESTWOOD, THE RISKS HAVE BEEN ALLOCATED SUCH THAT CLIENT AGREES, TO THE FULLEST EXTENT OF THE LAW AND NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT OR THE EXISTENCE OF APPLICABLE INSURANCE COVERAGE, THAT THE TOTAL LIABILITY, IN THE AGGREGATE, OF WESTWOOD AND WESTWOOD’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CONSULTANTS TO CLIENT OR TO ANYONE CLAIMING BY, THROUGH, OR UNDER CLIENT, FOR ANY AND ALL CLAIMS, LOSSES, COSTS, OR DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM, OR IN ANY WAY RELATED TO THE SERVICES UNDER THIS AGREEMENT FROM ANY CAUSE OR CAUSES, INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE, PROFESSIONAL ACTS, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF ANY WARRANTY, EXPRESS OR IMPLIED, OF WESTWOOD OR WESTWOOD’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR CONSULTANTS, SHALL NOT EXCEED THE TOTAL COMPENSATION RECEIVED BY WESTWOOD UNDER THIS AGREEMENT OR $1,000,000.00, WHICHEVER IS GREATER. 2.FURTHER, WESTWOOD’S TOTAL LIABILITY TO CLIENT AND ANYONE CLAIMING BY, THROUGH, OR UNDER CLIENT FOR ANY COST, LOSS, OR DAMAGES CAUSED IN PART BY THE NEGLIGENCE OF WESTWOOD AND IN PART BY THE NEGLIGENCE OF CLIENT OR ANY OTHER NEGLIGENT ENTITY OR INDIVIDUAL SHALL NOT EXCEED THE Page 156 of 305 Westwood General Conditions of Agreement Page 7 of 13 Rev.2023 PERCENTAGE SHARE THAT WESTWOOD’S NEGLIGENCE BEARS TO THE TOTAL NEGLIGENCE AT ISSUE. 3.IT IS INTENDED BY THE PARTIES THAT THE SERVICES PROVIDED PURSUANT TO THIS AGREEMENT SHALL NOT SUBJECT WESTWOOD’S INDIVIDUAL SHAREHOLDERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OR EMPLOYEES TO ANY PERSONAL LEGAL EXPOSURE FOR THE RISKS ASSOCIATED WITH WESTWOOD’S SERVICES UNDER THIS AGREEMENT. 4.UNDER NO CIRCUMSTANCES SHALL WESTWOOD BE LIABLE FOR EXTRA COSTS, DAMAGES, FEES, OR OTHER CONSEQUENCES DUE TO CHANGED CONDITIONS OR FOR THE FAILURE OF OTHER ENTITIES OR INDIVIDUALS TO PERFORM WORK IN ACCORDANCE WITH THE DESIGN PLANS AND SPECIFICATIONS. D.WAIVER OF CERTAIN DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES AGAINST THE OTHER, INCLUDING THEIR EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, PARTNERS, AGENTS, AND INSURERS, ANY AND ALL CLAIMS FOR OR ENTITLEMENT TO INCIDENTAL, SPECIAL, CONSEQUENTIAL, LIQUIDATED, INDIRECT, EXEMPLARY, AND/OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT, THE PROJECT, THE DELIVERABLES, INSTRUMENTS OF SERVICE, AND/OR EACH PARTY’S OBLIGATIONS UNDER THIS AGREEMENT, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. THIS PROHIBITION EXTENDS TO ANY CLAIMS BY CLIENT OR A THIRD PARTY(IES) FOR LOSS OF PROFITS, REVENUE, OPPORTUNITY, GOOD WILL, COST OF SUBSTITUTE FACILITIES, GOODS, SERVICES, AND/OR COST OF CAPITAL. 8.01 CLAIMS AND DISPUTES A.Notice. In addition to the provisions of Section 4.01.F above regarding payment disputes, if any other dispute, controversy, or claim (“Dispute”) should arise between the Parties relating to this Agreement, written notice of the Dispute shall be provided by the aggrieved Party to the other Party within 14 days of the instance giving rise to the Dispute. B.Informal Dispute Resolution. After written notice of a Dispute, the Parties shall attend an in-person meeting, or by remote means if mutually agreeable, in the county where the Project is located or at another mutually agreeable venue. Each Party shall designate at least one person with authority to act and bind the company on its behalf to attend the meeting in a good faith effort to resolve the Dispute and in a timely and cost-effective manner before any further escalation as detailed in this Section. C.Mediation and Litigation. Should any Dispute fail to resolve during the meeting required under Section 8.01.B, such Dispute shall be submitted to mediation in accordance with the Construction Industry Arbitration Rules and Mediation Procedures of the American Arbitration Association as a condition precedent to litigation. The Parties shall agree upon a mediator in the county where the project from which the Dispute arises is located or in another county if mutually agreed in writing by the Parties. The Parties shall split any mediation fee(s) payable to the mediator to conduct the mediation. The Parties shall each be responsible for and bear their own separate costs and fees for the mediation. Any mediation or civil action by Client must be commenced within one year of the accrual of the cause of action asserted but in no event later than allowed by applicable statutes. Page 157 of 305 Westwood General Conditions of Agreement Page 8 of 13 Rev.2023 Should mediation fail, the Dispute shall be resolved by litigation to be held in the county where the Project is located or in another county if mutually agreed in writing by the Parties. D.Subpoenas and Document Production. In the event Westwood is asked or forced through subpoena, deposition, or otherwise to participate in a dispute resolution proceeding between Client and a third- party(ies), including but not limited to providing trial and pre-trial testimony and searching, reviewing, and/or producing documents, Westwood shall recover its costs, fees, and expenses (including its attorney fees) and be compensated for all time spent at the highest rate provided in Exhibit “B”. E.Prevailing Party. In the event of a Dispute, mediation, arbitration, or litigation related to the enforcement of this Agreement, the prevailing party shall be entitled to reimbursement of its reasonable attorney fees, expenses, and costs in bringing or defending the action. As used herein, a “Prevailing Party” means the party that is afforded the greater relief (whether affirmatively or by means of a successful defense) with respect to the totality of claims, including counterclaims and crossclaims, if any, and having the greatest value or importance as determined by the court, mediator, or arbitrator(s) allowing for all of the claims and defenses asserted. In claims for money damages, the total amount of recoverable attorney fees, expenses, and costs shall not exceed the net monetary award or judgment of the prevailing party. F.Consolidation/Joinder. The Parties agree to consolidation and/or joinder with another pending dispute resolution proceeding, if any, to the extent such consolidation and/or joinder (i) substantially involves common questions of law or fact; (ii) is in the interest of justice or is otherwise necessary to afford complete relief to the Parties hereto; and (iii) is permitted by the judge, arbitrator, mediator, or other decision maker in the other dispute resolution proceeding. The Parties consent to consolidation and/or joinder under this Section even if the other dispute resolution proceeding is in a venue not provided for in this Agreement and/or otherwise is not selected by the Parties hereto. G.Performance. Client shall continue its payment obligations in accordance with this Agreement during the pendency of any dispute resolution proceedings, including informal dispute resolution, mediation, arbitration, and/or litigation. 9.01 TERM AND TERMINATION A.Term. This Agreement shall commence on the Effective Date and remain in full force and effect for a period of one (1) year after Westwood’s completion of Services. This Agreement may be renewed by mutual written agreement of the Parties. B.Termination. This Agreement may be terminated: 1.By either Party upon 30 days written notice in the event of failure by the other Party to perform in accordance with the Agreement’s terms through no fault of the terminating party. Notwithstanding the foregoing, this Agreement will not terminate as a result of a failure to perform in accordance with the Agreement if the Party receiving a notice of failure to perform begins within seven (7) days of receipt of such notice to correct its failure and proceeds diligently to cure such failure within 30 days of receipt of said notice; provided, however, that if and to the extent such failure cannot be reasonably cured within such 30 day period, and if such Party has diligently attempted to cure the same Page 158 of 305 Westwood General Conditions of Agreement Page 9 of 13 Rev.2023 and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. By Westwood: i. Upon seven (7) days written notice if Westwood believes that Westwood is being requested by Client to furnish or perform services contrary to Westwood’s responsibilities as a licensed professional; ii. Upon seven (7) days written notice if Westwood’s Services for the Project are delayed or suspended for more than 90 days for reasons beyond Westwood’s control; or iii. Upon seven (7) days written notice if Client fails to make any payment due to Westwood in accordance with this Agreement. Westwood shall have no liability to Client as a result of such termination in this Section. 3. In the event of a termination of this Agreement, the terminating Party may set the effective date of termination at a time up to 30 days later than would otherwise be provided to allow Westwood time to demobilize personnel and equipment from the Project site; to complete tasks providing value that would otherwise be lost; to prepare notes as to the status of completed and uncompleted tasks; and/or to assemble Project materials in orderly files. Westwood shall be compensated for the time required to complete such tasks. 10.01 MISCELLANEOUS PROVISIONS A. Insurance. Westwood shall maintain insurances during the term of this Agreement as indicated in Exhibit “C”, attached and incorporated by reference herein. B. Independent Contractor. Nothing contained in this Agreement shall be construed to mean that Westwood and Client are engaging in an employer/employee relationship, joint venture, agency, fiduciary relationship, or partnership. The Parties shall at all times be and remain independent contractors of one another. Except as expressly agreed by the Parties in writing, neither Party shall have any right or authority, express or implied, to assume or create any obligation of any kind, or to make any representation or warranty, on behalf of the other Party or to bind the other Party in any respect whatsoever. Neither Party shall have any obligation or duty to the other Party except as expressly and specifically set forth herein, and no such obligation or duty shall be implied by or inferred from this Agreement or the conduct of the Parties hereunder. C. Successors and Assigns. The Parties and the partners, successors, executors, administrators, and legal representatives of each Party are each hereby bound to the other Party to this Agreement and to the partners, successors, executors, administrators, and legal representatives (and said assigns) of such other Party, in respect of all covenants, agreements, and obligations of this Agreement. Neither Party may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) under this Agreement without the written consent of the other. D. No Third-Party Rights. This Agreement shall not create any rights or benefits to entities other than to Client and Westwood, and all duties and responsibilities undertaken pursuant to this Agreement Page 159 of 305 Westwood General Conditions of Agreement Page 10 of 13 Rev.2023 will be for the sole benefit of Client and Westwood. No third party shall have the right to rely on Westwood’s Deliverables, Instruments of Service, or opinions rendered in connection with the Services without the written consent of Westwood and the third party’s agreement to be bound to the same conditions and limitations as Client. E.Force Majeure. An event of force majeure (“Force Majeure”) occurs when an event beyond the control of the Party claiming Force Majeure prevents such Party from fulfilling its obligations under this Agreement. An event of Force Majeure includes, without limitation, floods, hurricanes and other adverse weather conditions, war, riot, civil disorder, acts of terrorism, disease, epidemic, pandemic, strikes and labor disputes, actions or inactions of government or other authorities, law enforcement actions, curfews, closure of transportation systems or other unusual travel difficulties, or the inability to provide a safe working environment. In the event of a Force Majeure, the obligations of Westwood to perform Services shall be suspended for the duration of the event of Force Majeure. In such event, Westwood shall be compensated for time expended and expenses incurred during the event of Force Majeure, and the Project Schedule shall be equitably extended by a like number of days as the event of Force Majeure. If Services are suspended for 30 days or more, Westwood may, in its sole discretion and upon five (5)days prior written notice, terminate this Agreement, the amendments hereto, if any, the affected change order(s), if any, or any of the above. In the case of such termination, and in addition to the compensation and time extension set forth above, Westwood shall be compensated for all reasonable termination expenses. F.Choice of Law. This Agreement and any disputes arising out of or relating hereto and/or to this Agreement, its formation, and/or the Exhibits hereto shall be governed by the laws of the State of Texas. G.Survivability. Sections 5.01, 6.01.A-B, 7.01, and 8.01 included in this Agreement shall survive this Agreement’s completion or termination for any reason. H.Invalidity. Any provision or part of this Agreement held to be invalid, void, or unenforceable under any laws or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the Parties. To the fullest extent permitted by law, the stricken portion shall be revised to the extent necessary to make that provision legal and enforceable and shall give effect to the Parties’ intentions and purposes in executing this Agreement. I.Conflicting Provisions. In the event the terms of these General Conditions conflict with the Agreement Exhibits, the Prime Contract, or any other applicable agreement, these General Conditions as between Client and Westwood shall govern unless the Parties expressly agree in writing otherwise. J.Notices. Any notice, request, demand, or other communication required or permitted hereunder shall be in writing, shall reference this Agreement, and shall be deemed to be properly given (i) when delivered personally; by registered or certified mail, return receipt requested, postage prepaid; or by UPS/FedEx express courier service or (ii) when sent by e-mail with receipt confirmation requested, provided, that a hard copy of such notice shall also be sent in accordance with the methods described in clause (i) of this Section within two (2) business days of such email. All notices shall be sent to the address set forth on the signature page of this Agreement or to such other address or person as may be designated by a Party in writing to the other Party pursuant to this Section. Page 160 of 305 Westwood General Conditions of Agreement Page 11 of 13 Rev.2023 K.Total Agreement. This Agreement constitutes the entire Agreement between the Parties and supersedes all prior written or oral understandings regarding this subject. This Agreement may only be amended, supplemented, superseded, or modified by a mutually executed written instrument by both Parties. No waiver of any condition or of the breach of any term of this Agreement shall be deemed to be a further or continuing waiver of any such condition or of the breach of any term of this Agreement. L.Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be one and the same instrument. [Remainder of Page Left Intentionally Blank; Signature Page Follows] Page 161 of 305 Westwood General Conditions of Agreement Page 12 of 13 Rev.2023 The Parties hereto have executed this Agreement as of the Effective Date first indicated above. CLIENT: Town of Westlake WESTWOOD: Westwood Professional Services, Inc. [counterpartySignerSignature_eXhXPHM] [westwoodSignerSignature_eeC70NE] (Signature) (Signature) [Wade CarrollnterpartySignerName_EHGcqul] [westwoodSignerName_0Mat3my] (Name – Printed) (Name – Printed) [counterpartySignerTextField_11H9suA||22 [westwoodSignerTitle_CYrC3Gf] (Title) ounterpartySignerDateField_5ikvJ91] [westwoodSignerDateField_f1dHRru] Client Address/Contact for giving notices:Westwood Address/Contact for giving notices: Westwood Professional Services, Inc. EXHIBITS: A Scope of Services & Fee Proposal B Compensation & Method of Payment/Fee Schedule C Insurance D Project Schedule Town Manager ATTN: TOWN MANAGER TOWN OF WESTLAKE 1500 SOLANA BLVD. SUITE 7200 WESTLAKE, TEXAS 76262 wcarroll@westlaketx.gov Page 162 of 305 EXHIBIT ‘A’ – SCOPE OF SERVICES WESTLAKE GENERATOR DESIGN PROJECT DESCRIPTION: The project consists of design plans for the addition of a proposed generator to accommodate the pump station expansion, including electrical and civil plans to site and connect the generator to the site electrical system (PROJECT). BASIC SERVICES: A.Project Management, Coordination & Permitting 1.Manage the Team: •Lead, manage and direct design team activities. •Ensure quality control is practiced in performance of the work. •Communicate internally among team members. •Allocate team resources. 2.Communications and Reporting: •Attend a pre-design project kickoff meeting with Client staff to confirm and clarify scope, understand Client objectives, and ensure economical and functional designs that meet Client requirements. •Conduct review meetings with the Client at the end of each design phase. •Prepare and submit monthly invoices in the format acceptable to the Client. •Prepare and submit monthly progress reports. •Prepare and submit baseline Project Schedule initially and Project Schedule updates. •Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure and provide and obtain information needed to prepare the design. •With respect to coordination with permitting authorities, Westwood shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. Westwood shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements. 3.Permit Coordination: Westwood will provide coordination with the railroad, TCEQ, USCOE and/or TxDOT or other required agency for Permitting of the proposed infrastructure construction. Included in this item are: •Coordination of submittal of Application for Permit. •Research and provide appropriate design specifications. •Coordination for final plan approval. •Up to three (3) coordination meetings, if required. •Application and Permitting fees and special insurance premiums are not included. Page 163 of 305 Mr. Kyle Flanagan February 3, 2026 Page 3 4.Constructability Review: •Prior to the 60 percent review meeting with the Client, Westwood shall schedule and attend a project site visit with the Client Project Manager and Construction personnel to walk the project. Westwood shall summarize the Client’s comments from the field visit and submit this information to the Client in writing. 5.Utility Clearance: •Westwood will consult with the Client, public utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project. Westwood will design Client facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. •Westwood will provide plans to and coordinate with utility owner related to the relocation efforts of franchise utilities that remain in conflict with the proposed construction. B.Preliminary Design (60% Submittal) 1.Prepare preliminary construction plans. Prepare the following sheets at the engineering scale indicated: ▪Cover Sheet ▪General Notes ▪Quantity Sheet ▪Project Layout & Control Sheet ▪Grading plan sheets Scale 1” = 20’ ▪Electrical plan sheets ▪Electrical details ▪Erosion Control Plans ▪Tree Protection and Mitigation Plans ▪Detail sheets Information required can be combined on sheets if the information can be clearly shown and is approved by Client’s project manager. 2.Assemble Client’s standard construction contract documents and modify special technical specifications, if needed, for the project (if any). 3.Prepare an estimate of construction quantities and develop the preliminary opinion of probable construction costs. 4.Submit a PDF set of preliminary 60% plans, preliminary construction contract documents, special conditions and preliminary opinion of probable construction costs to the Client for review. One (1) set of half size (11”x17”) plans will be submitted with the 60% plan submittal, if requested. Page 164 of 305 Mr. Kyle Flanagan February 3, 2026 Page 4 C.Final Design (90% & 100% Submittals) 1.Revise preliminary plans incorporating comments from the Client. 2.Submit a PDF set of 90% plans, 90% construction contract documents and 90% opinion of probable construction costs for Client review. One (1) set of half size (11”x17”) plans will be submitted with the 90% plan submittal, if requested. 3.Incorporate final Client review comments into the plans and construction contract documents to finalize construction plans for proposed improvements. 4.Finalize construction contract documents including Client standard specifications, special technical specifications and special conditions (if any). 5.Estimate of final construction quantities and final opinions of construction cost. 6.Submit (1) sealed (100%) set of final plans and construction documents. D.Electrical Design The electrical design for the project will include electrical power and controls for the generator to be connected to the existing 1600A ATS at the facility that was recently replaced as well as the existing SCADA system. Power will be provided to the auxiliary fuel filter/polishing system to help maintain the quality of fuel in the tank. E.Structural Design The structural design for the project will include the design of a foundation/housekeeping pad for the new generator. F.Bid Phase Services Westwood will support the bid phase of the project as follows. 1.Bid Advertisement: •Westwood shall prepare and submit to Client a draft Bid Advertisement for publishing by the Client. 2.Bid Document Distribution: •Westwood shall sell construction plans and contract bid documents. Westwood shall also maintain a plan holders list of documents sold. 3.Bidder Assistance: •Westwood will develop and implement procedures for receiving and answering bidders’ questions and requests for additional information. The procedures shall include a log of all significant bidders’ questions and requests, and the response thereto. Westwood will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders’ questions and requests, in the form of addenda. •Attend the prebid conference in support of the Client. •Attend the bid opening in support of the Client. Page 165 of 305 Mr. Kyle Flanagan February 3, 2026 Page 5 4.Bid Analysis and Recommendation of Award: •Westwood will tabulate and review all bids received for the construction project, assist the Client in evaluating bids, and recommend award of the contract. •Westwood will assist the Client in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. •Westwood shall make a recommendation of award to the Client. 5.Conformed Construction Documents: •Upon award of a contract by the Client, Westwood shall assist with the execution, assembly and distribution of the construction contract documents for the Project. G.Construction Administration 1.Preconstruction Conference: •Westwood shall attend the preconstruction conference. 2.Site Visits: •Westwood shall visit the project site at appropriate intervals as construction proceeds to observe and report on progress. It is estimated that one (1) visit per month will be made by Westwood. 3.Shop Drawing and Lab Report Review: •Westwood shall review shop and erection drawings submitted by the contractor for compliance with design concepts. Westwood shall review laboratory, shop, and mill test reports on materials and equipment. 4.Instructions to Contractor: •The Engineer shall provide necessary interpretations and clarifications of contract documents, review change orders and make recommendations as to the acceptability of the work, at the request of the Client. 5.Contractor’s Payment Estimates: •The Engineer shall review monthly and final estimates for payments to contractors. The payment estimates shall include appropriate certifications. 7.Final Inspection: •The Engineer shall attend final inspection of the Project with representatives of the Client and the construction contractor. 8.Record Drawings: •Prepare construction “Record Drawings” based upon mark-ups and information provided by the construction contractor(s). Submit one (1) set of the record drawings (with “record drawing stamp” bearing the signature of the Engineer and the date) to the Client on a CD-ROM disk or flash drive containing scanned 22”x34” black and white PDF images. Page 166 of 305 Mr. Kyle Flanagan February 3, 2026 Page 6 Services not included in this contract: ▪Construction inspection services ▪As-built surveys of constructed improvements ▪Public hearings or City Council/Commission meetings ▪Utility coordination meeting(s) to start relocation process with affected franchise utilities ▪Reset property corner monumentation disturbed or removed during or after construction ▪Required application and permitting fees (LOMR) or special insurance premiums are not included ▪Phase II Environmental Site Assessments ▪Storm Water Pollution Prevention Plans (SWPPP) ▪Floodplain studies and permitting ▪Boundary and topographic surveying ▪Preliminary and final platting ▪Zoning change assistance ▪Site Plan layout ▪Traffic and parking studies ▪Demolition Plan ▪Retaining wall design ▪Design of screening walls, light pole bases, transformer or generator pads, hardscape features, pavers and/or site signage ▪Detailed layout of walks and hardscape areas, including scoring patterns ▪Design of any underfloor drainage systems or grading ▪Design of french drain systems around the building perimeters ▪Landscape Plan and Irrigation Plan ▪Site Lighting Plan ▪Signage Plan ▪Off-site roadway, drainage, and utility extensions/improvements ▪LEED pursuit ▪Construction staking END OF EXHIBIT ‘A’ Page 167 of 305 EXHIBIT ‘B’ – COMPENSATION AND METHOD OF PAYMENT WESTLAKE GENERATOR DESIGN COMPENSATION: For all professional services included in EXHIBIT ‘A’, Scope of Services, Westwood shall be compensated a lump sum fee of $57,500.00 as summarized below. The total lump sum fee shall be considered full compensation for the services described in EXHIBIT ‘A’, including all labor materials, supplies, and equipment necessary to deliver the services. Basic Services A.Project Management, Coordination & Permitting $6,000.00 B.Civil Design $15,000.00 C.Electrical Design $17,000.00 D.Structural Design $5,000.00 E.Bid Phase Services $4,500.00 F.Construction Administration $10,000.00 TOTAL $57,500.00 METHOD OF PAYMENT: Westwood shall be paid monthly payments as described in Article 3 of the AGREEMENT. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of Westwood. Monthly statements for reimbursable services performed by sub consultants will be based upon the actual cost to Westwood plus ten percent (10%). Direct expenses for services such as printing, express mail, fees, mileage and other direct expenses that are incurred during the progress of the project will be billed at 1.1 times Westwood’s cost. END OF EXHIBIT ‘B’ Page 168 of 305 EXHIBIT C INSURANCE Westwood shall, during the term of this Agreement, maintain the following insurances: 1.Commercial General Liability (occurrence form not less than): $2,000,000 General Liability $2,000,000 Products and Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $10,000 Medical Expense 2.Commercial Automobile Liability (all scheduled auto, hired and non-owned autos): $1,000,000 Combined Single Limit 3.Umbrella $5,000,000 Aggregate $5,000,000 Each Occurrence 4.Workers Compensation and Employer’s Liability $1,000,000 Each Accident $1,000,000 Policy Limit $1,000,000 Each Employee 5.Professional Liability $2,000,000 Per Claim $2,000,000 Aggregate Professional Liability shall include prior acts coverage sufficient to cover the services performed under this Agreement and shall include limited contractual liability. Page 169 of 305 EXHIBIT ‘D’ – SCHEDULE WESTLAKE GENERATOR DESIGN Activity Estimated Duration (weeks) Estimated Completion After N.T.P. Notice-To-Proceed - Preliminary Design Submittal (60%) 4 4 Weeks Preliminary Client Review Complete 2 6 Weeks Final Design Submittal (95%) 4 10 Weeks Final Client Review Complete 2 12 Weeks Final Plans Complete (100%) 2 14 Weeks Receive Bids 4 18 Weeks Contract Award 4 22 Weeks Begin Construction 2 24 Weeks Complete Construction 8 32 Weeks Record Drawings 2 34 Weeks Westwood is not responsible for delays beyond its control. END OF EXHIBIT ‘D’ Page 170 of 305 DATE: March 24, 2026 AGENDA ITEM NO: H.4. FROM: Wade Carroll, Town Manager, Town Manager's Office SUBJECT: Discuss, consider and act to approve Resolution 26-06 amending the purchasing authority spending limits for the Town Manager and Head of School to conform with changes to Texas Law enacted by Senate Bill 1173; authorizing the Town Manager and Head of School to execute purchases and contracts for goods and services up to $99,999.99 without formal competitive procurement; and providing an effective date. ATTACHMENTS: 1. Res 26-06 Amending Purchasing Authority Limits 2. EXHIBIT A Purchasing Authority Policy FY26 amended 3.24.2026 3. Redlined Purchasing Authority Policy SUMMARY : The purpose of this resolution is to revise the Town's Purchasing Authority Policy to increase the authorized spending limits for the Town Manager and the Head of School to $99,999.99. This revision aligns the Town's internal purchasing authority with changes adopted by the Texas Legislature through Senate Bill 1173 (effective September 1, 2025), which increased the statutory competitive procurement threshold for municipalities and school districts from $50,000 to $100,000. The costs associated with routine business is increasing dramatically. A great example is the engineering for the installation fo the pump station generator. The generator is required by TCEQ, the engineering is required by TCEQ and the installation is required for the project. However, we have to wait an extra month to begin engineering to get council approval on the engineering under 100K. Updating the policy will allow routine purchases below the statutory bidding threshold to be processed more efficiently while maintaining compliance with state law procurement. BACKGROUND AND DISCUSSION: The State Legislature approved Senate Bill 1173, effective September 1, 2025, which modernizes and streamlines local government procurement processes by raising the monetary threshold at which competitive procurement methods are required. The legislation amended both the Texas Local Government Code and the Texas Education Code to increase the required competitive bidding threshold from $50,000 to $100,000 for municipalities and school districts. As a result of this statutory change, purchases or contracts for goods and services valued below $100,000 may be executed without the need for formal competitive bidding processes under state law. Town Council/Board of Trustees AGENDA ITEM REPORT Page 171 of 305 The Town’s current Purchasing Authority Policy was adopted under the prior statutory threshold and therefore limits administrative purchasing authority to an amount below the new state procurement threshold. Updating the policy to authorize the Town Manager and Head of School to approve purchases up to $99,999.99 will align the Town’s internal procedures with the updated statutory framework. This adjustment will allow Town staff to process routine operational purchases more efficiently, reduce administrative delays associated with formal procurement processes for lower-cost transactions, and maintain compliance with state purchasing requirements. Any purchase or contract equal to or exceeding $100,000 will continue to require competitive procurement methods and Town Council approval as required by state law and Town policy. FISCAL IMPACT: None. LEGAL REVIEW: N/A RECOMMENDATION: Staff recommends approval of Resolution 26-06 revising the Purchasing Authority Policy to align the Town's administrative purchasing limits with the updated procurement thresholds established by Senate Bill 1173. ACTION OPTIONS: Motion to Approve as Presented Motion to Deny Motion to Approve with Changes/Conditions Motion to Continue or Table Page 172 of 305 TOWN OF WESTLAKE RESOLUTION NO. 26-06 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE PURCHASING AUTHORITY SPENDING LIMITS FOR THE TOWN MANAGER AND HEAD OF SCHOOL TO CONFORM WITH CHANGES TO TEXAS LAW ENACTED BY SENATE BILL 1173; AUTHORIZING THE TOWN MANAGER AND HEAD OF SCHOOL TO EXECUTE PURCHASES AND CONTRACTS FOR GOODS AND SERVICES UP TO $99,999.99 WITHOUT FORMAL COMPETITIVE PROCUREMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas “Town” operates under laws of the State of Texas and is authorized to establish purchasing procedures and spending authority limits for Town officials; and WHEREAS, the Texas Legislature approved Senate Bill 1173, effective September 1, 2025, modernizing and streamlining local government procurement processes in Texas by raising the monetary threshold at which competitive procurement methods are required; and WHEREAS, Senate Bill 1173 amended the Texas Education Code and the Texas Local Government Code to increase the required competitive bidding threshold from $50,000 to $100,000 for school districts and municipalities; and WHEREAS, as a result of this statutory change, purchases or contracts for goods and services valued below $100,000 may be executed without the need for formal competitive bidding processes; and WHEREAS, the Town Council finds that updating the Town’s purchasing authority limits to align with state law will simplify procurement of routine goods and services, increase administrative efficiency, and allow Town operations to function in a more timely and effective manner; and WHEREAS, the Town Council desires to amend the purchasing authority limits to allow the Town Manager and the Head of School to authorize and execute purchases and contracts for goods and services up to $99,999 without the requirement of formal competitive procurement. 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. Page 173 of 305 Resolution No. 26-06 Amending Purchasing Authority Spending Limits Page 2 SECTION 2: That the Town Council hereby amends the Town’s purchasing authority limits to authorize the Town Manager and the Head of School to approve and execute purchases and contracts for goods and services up to Ninety-Nine Thousand Nine Hundred Ninety-Nine Dollars ($99,999.99) without the requirement for formal competitive bidding or procurement procedures SECTION 3: All purchases or contracts with an anticipated value of $100,000 or greater shall be procured using competitive procurement methods in accordance with applicable provisions of the Texas Local Government Code, the Texas Education Code, and the Town’s adopted purchasing policies. SECTION 4: That this Resolution is intended to align the Town’s administrative purchasing authority with the statutory procurement threshold adopted by the Texas Legislature through Senate Bill 1173, effective September 1, 2025. SECTION 5: That the Town of Westlake Purchasing Authority Policy will be amended to reflect the purchasing authority limits as outlined in “Exhibit A” attached. SECTION 6: All prior resolutions, policies, or administrative directives in conflict with this Resolution are hereby superseded to the extent of such conflict. SECTION 7: That this Resolution shall take effect immediately upon its adoption. PASSED AND APPROVED ON THIS 24TH DAY OF MARCH 2026. Kim Greaves, Mayor ATTEST: Dianna Buchanan, Town Secretary APPROVED AS TO FORM: Alex Crowley, Town Attorney Page 174 of 305 Revised 3/2026 Page 1 of 3 Purchasing Authority Outline 1.Overview & Purpose 2.Participants 3.Authorized Spending 4.Spending Thresholds 5.Approval & Update Process Overview & Purpose As a General Law municipality within the State of Texas, the Town of Westlake and its component units are subject to compliance with Local Government Code procurement laws and applicable Texas Education Code. In lieu of a voter-approved Town Charter and within compliance of the Academy Charter, the Council/Board has determined that enacting additional layers of purchasing authority for staff is necessary to maintain good budgetary controls and financial stewardship for public funds. Participants Council/Board – elected officials responsible for directing staff to purchase goods and services to facilitate the mission and activities of the Town/Academy Department Head – appointed director of a Town department or Academy function and any person authorized to act on their behalf Employee – person tasked with the administration of ordering, receiving/implementing, and issuing authorized payments for goods and services Head of School – Employee with authority to direct procurement activities on behalf of the Academy Town Manager – Employee with authority to direct procurement activities on behalf of the Town Authorized Spending To be considered “authorized spending,” the purchase must have been budgeted in the same fiscal year as the order is placed, the price must be within 5% of the budgeted cost, and all due diligence to meet applicable laws and procedures must be met. In instances where the purchase is not budgeted or the amount budgeted is not sufficient, Department Heads or above (depending on the dollar value and business purpose as outlined below) must authorize the purchase. Spending Thresholds Authorized spending thresholds apply to all allowable purchasing and payment methods. It is the responsibility of the employee making the purchase to adhere to the correct method. "EXHIBIT A" Page 175 of 305 Revised 3/2026 Page 2 of 3 Budgeted Purchases Less than $3,000.00 – Employees designated by their Department Heads/Principals have the authority to approve purchases or spend up to $3,000.00 in a single purchase $3,000.00 to $99,999.99 – the Town Manager and Head of School have the authority to approve purchases for the Town and Academy, respectively $100,000.00 and above – Council/Board must approve the purchase either implicitly via budget adoption for routine, overhead purchases or explicitly for contracts, capital spending, or bid awards to adhere to competitive bid requires and promote transparency Unbudgeted Purchases Less than $3,000.00 – Department Heads/Principals have the authority to approve purchases in support of their department or school’s mission if there is capacity to reduce expenditures in an equal amount exists within the same operating budget; these adjustments to the spending plan will be reported to the Council/Board within the next quarterly financial report. $3,000.00 to $99,999.99 – Head of School/Town Manager has the authority to approve purchases in support of their organization’s mission if there is capacity to reduce expenditures in an equal amount within the same operating budget; Council/Board must be notified, as soon as practicable, in writing of the purchase and corresponding expenditure reduction, with a detailed explanation and presentation of off-setting balances at the next posted open meeting. $100,000.00 and above – Head of School/Town Manager must request approval from the Council/Board in an open meeting; the request must include details on the corresponding reduction in expenditures or the purchase must qualify for use of fund balance per policy. When considering off-setting balances to facilitate an unbudgeted purchase, staff will look for potential cuts first in the account. If funds are not available in the account, staff will consider the department ’s/function’s non-personnel budget for cuts. If funds are still not available, the department will coordinate with the Town Manager/Head of School and the Director of Finance for potential cuts in a different department/function. If funds are still not available, staff will need to prepare a budget amendment for Council/Board approval that outlines the purchase and why it qualifies for the use of fund balance. Emergency Purchases Emergency purchases – Emergency purchases are by definition unbudgeted and generally require funds prior to budget approval by Council/Board. Emergency purchases are hereby defined as follows, based on Sec. 252.022 General Exemptions: (1) a procurement made because of a public calamity that requires the immediate appropriation of money to relieve the necessity of the municipality's residents or to preserve the property of the municipality; and Page 176 of 305 Revised 3/2026 Page 3 of 3 (2) a procurement necessary to preserve or protect the public health or safety of the municipality's residents; and (3) a procurement necessary because of unforeseen damage to public machinery, equipment, or other property which requires urgent repair or replacement to maintain critical operations. Staff will present emergency purchases for ratification at the next regularly scheduled Council/Board meeting. When emergency purchases cannot be absorbed within existing budgets, these purchases will be included in a budget amendment. Approval & Update Process The Town Council/Board of Trustees has the authority to change the authority thresholds under$100,000.00, as they determine to be in the best interest of the Town/Academy. These thresholds shall be reviewed annually as part of the approval of the Financial Policies. The Finance Subcommittee may meet to review the details of the updates or advise of any changes prior to the Council/Board receiving the information in the form of a report. Once the report has been presented satisfactorily, the Council/Board will vote to approve the Financial Policies in whole. Council/Board reserves the right to make changes outside the annual review and approval process. It is expected that revisions may need to occur due to staff turnover or legislative changes. Page 177 of 305 Revised 9/2025 3/2026 Page 1 of 3 Purchasing Authority Outline 1. Overview & Purpose 2. Par cipants 3. Authorized Spending 4. Spending Thresholds 5. Approval & Update Process Overview & Purpose As a General Law municipality within the State of Texas, the Town of Westlake and its component units are subject to compliance with Local Government Code procurement laws and applicable Texas Educa on Code. In lieu of a voter-approved Town Charter and within compliance of the Academy Charter, the Council/Board has determined that enac ng addi onal layers of purchasing authority for staff is necessary to maintain good budgetary controls and financial stewardship for public funds. Par cipants Council/Board – elected officials responsible for direc ng staff to purchase goods and services to facilitate the mission and ac vi es of the Town/Academy Department Head – appointed director of a Town department or Academy func on and any person authorized to act on their behalf Employee – person tasked with the administra on of ordering, receiving/implemen ng, and issuing authorized payments for goods and services Head of School – Employee with authority to direct procurement ac vi es on behalf of the Academy Town Manager – Employee with authority to direct procurement ac vi es on behalf of the Town Authorized Spending To be considered “authorized spending,” the purchase must have been budgeted in the same fiscal year as the order is placed, the price must be within 5% of the budgeted cost, and all due diligence to meet applicable laws and procedures must be met. In instances where the purchase is not budgeted or the amount budgeted is not sufficient, Department Heads or above (depending on the dollar value and business purpose as outlined below) must authorize the purchase. Spending Thresholds Authorized spending thresholds apply to all allowable purchasing and payment methods. It is the responsibility of the employee making the purchase to adhere to the correct method. Page 178 of 305 Revised 9/2025 3/2026 Page 2 of 3 Budgeted Purchases Less than $3,000.00 – Employees designated by their Department Heads/Principals have the authority to approve purchases or spend up to $3,000.00 in a single purchase $3,000.00 to $49,999,99 $99,999.99– the Town Manager and Head of School have the authority to approve purchases for the Town and Academy, respec vely $50,000.00 $100,000.00 and above – Council/Board must approve the purchase either implicitly via budget adop on for rou ne, overhead purchases or explicitly for contracts, capital spending, or bid awards to adhere to compe ve bid requires and promote transparency Unbudgeted Purchases Less than $3,000.00 – Department Heads/Principals have the authority to approve purchases in support of their department or school’s mission if there is capacity to reduce expenditures in an equal amount exists within the same opera ng budget; these adjustments to the spending plan will be reported to the Council/Board within the next quarterly financial report. $3,000.00 to $49,999.99 $99,999.99 – Head of School/Town Manager has the authority to approve purchases in support of their organiza on’s mission if there is capacity to reduce expenditures in an equal amount within the same opera ng budget; Council/Board must be no fied, as soon as prac cable, in wri ng of the purchase and corresponding expenditure reduc on, with a detailed explana on and presenta on of off-se ng balances at the next posted open mee ng. $50,000.00 $100,000.00 and above – Head of School/Town Manager must request approval from the Council/Board in an open mee ng; the request must include details on the corresponding reduc on in expenditures or the purchase must qualify for use of fund balance per policy. When considering off-se ng balances to facilitate an unbudgeted purchase, staff will look for poten al cuts first in the account. If funds are not available in the account, staff will consider the department ’s/func on’s non-personnel budget for cuts. If funds are s ll not available, the department will coordinate with the Town Manager/Head of School and the Director of Finance for poten al cuts in a different department/func on. If funds are s ll not available, staff will need to prepare a budget amendment for Council/Board approval that outlines the purchase and why it qualifies for the use of fund balance. Emergency Purchases Emergency purchases – Emergency purchases are by defini on unbudgeted and generally require funds prior to budget approval by Council/Board. Emergency purchases are hereby defined as follows, based on Sec. 252.022 General Exemp ons: (1) a procurement made because of a public calamity that requires the immediate appropria on of money to relieve the necessity of the municipality's residents or to preserve the property of the municipality; and Page 179 of 305 Revised 9/2025 3/2026 Page 3 of 3 (2) a procurement necessary to preserve or protect the public health or safety of the municipality's residents; and (3) a procurement necessary because of unforeseen damage to public machinery, equipment, or other property which requires urgent repair or replacement to maintain cri cal opera ons. Staff will present emergency purchases for ra fica on at the next regularly scheduled Council/Board mee ng. When emergency purchases cannot be absorbed within exis ng budgets, these purchases will be included in a budget amendment. Approval & Update Process The Town Council/Board of Trustees has the authority to change the authority thresholds under $50,000.00$100,000.00, as they determine to be in the best interest of the Town/Academy. These thresholds shall be reviewed annually as part of the approval of the Financial Policies. The Finance Subcommi ee may meet to review the details of the updates or advise of any changes prior to the Council/Board receiving the informa on in the form of a report. Once the report has been presented sa sfactorily, the Council/Board will vote to approve the Financial Policies in whole. Council/Board reserves the right to make changes outside the annual review and approval process. It is expected that revisions may need to occur due to staff turnover or legisla ve changes. Page 180 of 305 DATE: March 24, 2026 AGENDA ITEM NO: I.1. FROM: Cole Davenport, Town Planner, Planning and Development SUBJECT: Hold a public hearing and discuss, consider and act to adopt Ordinance 1044 approving text amendments related to Sections 102-61 and 1-1 of the Unified Development Code by establishing and defining the land uses “hotel” and “motel”, by amending the land use schedule, and by establishing performance standards in a new Article X that is entitled “Supplemental Land Use Regulations”. ATTACHMENTS: 1. Draft Text Amendments - Hotels and Motels (03.24.2026) SUMMARY : The request to amend the text found existing in Section 102-61 and Section 1-1 of the Unified Development Code, as well as the creation of Article X, is consistent with the Comprehensive Plan, the Strategic Plan and the shared vision for development and growth throughout the Town of Westlake (the “Town”). The proposed text amendments provide a updated definition for the land uses “hotel” and “motel”, modify the land use schedule, and establish performance standards for the uses. The Department of Planning and Development recommends approval as presented. BACKGROUND AND DISCUSSION: This is a request to amend the current Unified Development Code to provide new definitions for a hotel and motel; amend the land use chart; and establish performance standards for these land uses. These text amendments --- if approved --- would apply in all zoning districts throughout the Town, including PD, Planned Development Districts that are existing and proposed. The proposed text amendments are in response to increased demand for lodging --- particularly in commercial areas such as the State Highway 114 Corridor. These text amendments would not impact hotel projects that are currently underway; rather, they would establish regulations for those that begin after the effective date (i.e., March 24, 2026). This ordinance provides clear standards to ensure that any future hotel development aligns with the Town’s expectations for quality, scale, and compatibility with surrounding land uses. The proposed text amendments to the Unified Development Code --- as shown in the draft ordinance --- primarily focus on providing definitions for a hotel (i.e., revised for compatibility with all existing zoning districts and future PD, Planned Development Districts) / motel; modifying the land use chart to reflect hotel as a land use either permitted by-right or requiring approval of a specific use permit; and establishing specific performance standards to ensure compatibility with existing and future land uses in the immediate environment (e.g., a minimum number of keys, interior access into guest Town Council/Board of Trustees AGENDA ITEM REPORT Page 181 of 305 rooms, minimum building height, specific amenities and related land use activities, et cetera). Some hotels may have less than the minimum number of keys --- 150 --- if the (i) hotel is located on property between State Highway 114, Davis Boulevard, and Solana Boulevard or on property that is zoned as TC, Town Center Form-Based Development District (i.e., the town center core zone) and (ii) such facility must provide distinguished accommodations and services that are not common to the Town, the surrounding area, and the region. Deviations from these metrics --- as proposed --- are subject to review and recommendation by the Planning and Zoning Commission and approval by the Town Council. The proposed amendments to the Unified Development Code are consistent with the vision for development in the Town of Westlake and establishes clear standards for these uses. FISCAL IMPACT: N/A. LEGAL REVIEW: N/A RECOMMENDATION: The Planning and Zoning Commission met on March 3, 2026, and by a vote of 5 to 0 (with two absences), they recommended approval of the text changes as presented. ACTION OPTIONS: Motion to Approve as Presented Motion to Deny Motion to Approve with Changes/Conditions Motion to Continue or Table Page 182 of 305 PAGE 1 OF 8 ORDINANCE NO. 1044 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING CHAPTER 1 AND CHAPTER 102 OF THE TOWN OF WESTLAKE, TEXAS CODE OF ORDINANCES BY ESTABLISHING AND DEFINING THE LAND USES “HOTEL” AND “MOTEL”, BY AMENDING THE LAND USE SCHEDULE, AND BY ESTABLISHING PERFORMANCE STANDARDS IN A NEW ARTICLE X THAT IS ENTITLED “SUPPLEMENTAL LAND USE REGULATIONS”; PROVIDING A PENALTY NOT TO EXCEED THE AMOUNT OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH SUCH A VIOLATION OCCURS OR CONTINUES; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas (the “Town”) is a general law municipality; and WHEREAS, the Town Council of the Town (the “Town Council”) finds it necessary for the public health, safety, and welfare for development to occur in a controlled and orderly manner in accordance with the Town’s Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission met on March 3, 2026 and reviewed and considered the proposed text amendments to the Unified Development Code, and provided a recommendation to the Town Council; and Page 183 of 305 PAGE 2 OF 8 WHEREAS, the Planning and Zoning Commission and the Town Council of the Town, in compliance with the laws of the State of Texas with reference to the text amendments to the Unified Development Code and have given the requisite public hearing notices by publication and, after holding due meetings in accordance with the Texas Open Meetings Act, is of the general opinion that the Unified Development Code should be amended; and WHEREAS, upon the recommendation of the Planning and Zoning Commission provided on March 3, 2026, the Town Council believes that, in the interests of the Town and its present and future residents, adopting this Ordinance will advance the economic development and physical development of the Town while preserving its distinct character and shared community values; and NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That the provisions found in Section 1-2 of Chapter 1 of the Town Code of Ordinances are hereby amended as follows for the definitions of “hotel” and “motel”: Sec. 1-2. Definitions and rules of construction. Hotel. The word “hotel” shall mean one or more buildings made available for temporary human dwelling. A hotel shall also allocate a portion of its total building area to food service and beverage service, conference space, and other Page 184 of 305 PAGE 3 OF 8 personal services containing individual living or sleeping units specially designed as temporary quarters for transient guests, including provisions for meals and personal services. A hotel includes a motel. Motel. The word “motel” shall have the same meaning as hotel mean a building or group buildings designed, arranged or used for temporary occupancy having accommodations for housing or parking of automobiles in close proximity to the quarters occupied by the owner of such automobile and providing for five or more such quarters. The term “motel” shall include all establishments coming under the general classification of drive-in hotel, tourist court, and any other such establishment that houses visiting transient clientele. SECTION 3: That the land use schedule found in Section 102-61 of Chapter 102 of the Town Code of Ordinances is hereby amended to reflect the following: Section 102-61. – Land Use Schedule Westlake Land Use Schedule SF Residential Permitted Uses Commercial R-5 R-2 R-1 R-0.5 RA X = Permitted, A = Accessory Use, S = SUP GU MF LR O OH O-I Hotel / motel with conferencing facility S X S X SECTION 4: That Chapter 102 of the Town Code of Ordinances, that is entitled “Zoning”, be amended to establish Article X, to be entitled “Supplemental Land Use Regulations”, that will Page 185 of 305 PAGE 4 OF 8 provide additional performance standards for specific land uses, including hotels, as provided for below: Sec. 102-500. – Generally. (a) Certain land uses that are either permitted by-right or require approval of an SUP shall be further regulated by the provisions of this Article X. Sec. 102-501. – Supplemental land use regulations. (a) Hotel. (1) Each hotel shall require on-site staff for 24-hours a day, seven days a week. (2) Each hotel shall require a minimum of 150 keys / rooms for daily or weekly renting, except as provided for in this Section. (3) Each key / room within a hotel shall require a minimum area of 350 square feet. a. The point of access for guests into each key / room shall be from an interior hallway. (4) Each hotel shall be a minimum of four stories in building height. For the purpose of this provision, a story is measured from the finished floor to the finished ceiling. Stories below finished grade shall not be included in the building height calculation. (5) Each hotel shall allocate a portion of its total building area to all the following specific land uses and activities: a. a lobby; Page 186 of 305 PAGE 5 OF 8 b. a full-service food establishment with full kitchen facilities, that is available for the immediate consumption of food and beverage, and open to the direct use of the general public (food service may be provided at all times); c. a bar selling alcoholic beverages for consumption on the premises; d. a conference center or meeting rooms made available for meetings and gatherings no less than 5,000 square feet in area; e. an indoor fitness facility with fitness equipment; f. a spa and wellness facility; and g. a swimming pool. (6) If constructing multiple buildings on a single lot, the buildings shall be constructed at the same time and may not be phased. All buildings shall have architectural continuity, subject to review and approval by the Town Planner. (7) A hotel shall only be permitted to have 150 keys / rooms or less if it is located on property within 660 feet of State Highway 114 between Davis Boulevard and Solana Boulevard, or on property within the TC, Town Center Form-Based Development District (i.e., the town center core zone). Notwithstanding any provisions in Sec. 102.501(a)(5), a hotel with 150 keys / rooms or less shall Page 187 of 305 PAGE 6 OF 8 provide distinguished accommodations and services that are not common to the Town, the surrounding area, and the region. (8) The total building area of the hotel allocated for food service, personal service, conference space, and retail shall be calculated and shall be provided with assigned parking according to Sec. 102-155 or Sec. 102-413 as applicable to the zoning district. (9) Existing hotels as of March 24, 2026 that do not conform to the land use regulations of this Section in whole or in part, may be occupied, operated, repaired, renovated, or otherwise continue in use in their existing state until such time that a substantial modification is requested to 50 percent or more of the total building area of the hotel. (10) The owner of a hotel may request a deviation from the metrics of this section, subject to review and recommendation by the Planning and Zoning Commission and approval by the Town Council. A public hearing shall not be required for any deviation request. SECTION 5: That this Ordinance shall be cumulative of all other Ordinances adopted by the Town of Westlake and all provisions of other Ordinances as adopted by the Town of Westlake which are inconsistent with the provisions or terms of this Ordinance are hereby repealed. SECTION 6: That any person, firm or corporation violating any of the provisions or terms Page 188 of 305 PAGE 7 OF 8 of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7: This Ordinance shall take effect immediately from and after its passage as the law in such case provides. SECTION 8: It is hereby declared to be the intention of the Town Council of the Town of Westlake, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 9: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS __________ DAY OF MARCH 2026. Page 189 of 305 PAGE 8 OF 8 _____________________________ Kim Greaves, Mayor ATTEST: _______________________________ Dianna Buchanan, Town Secretary APPROVED AS TO FORM: _______________________________ Matthew C.G. Boyle, Town Attorney Page 190 of 305 DATE: March 24, 2026 AGENDA ITEM NO: J.1. FROM: Jason Oliver, Project Manager, Finance SUBJECT: Discuss, consider and act to Approve a Letter of Commitment to provide for temporary storm shelter accommodations for students, staff, and visitors associated with the Westlake Academy Arts & Sciences Building Expansion project. ATTACHMENTS: 1. Draft Commitment Letter WA Storm Shelters SUMMARY : Building code requires a storm shelter for the new Arts and Sciences Building at WA. A letter of commitment to provide this storm shelter is being requested in order to move forward with permitting the new addition. BACKGROUND AND DISCUSSION: During the project design, it was discovered that the building code required a storm shelter for the new Westlake Academy Arts and Sciences addition. In order to comply with this requirement, a temporary storm shelter can be rented and located on the campus on an annual basis. This shelter will require minor site work to guarantee accessibility to the shelter, but the structure is temporary and will not require a foundation or other major work. The shelter can be rented monthly beyond the initial twelve-month period. FISCAL IMPACT: The annual rental of the temporary storm shelter starting in July 2027 will be approximately $80,000. LEGAL REVIEW: N/A RECOMMENDATION: Staff recommends approval of Resolution 26-06 as presented. ACTION OPTIONS: Motion to Approve as Presented Motion to Deny Motion to Approve with Changes/Conditions Motion to Continue or Table Town Council/Board of Trustees AGENDA ITEM REPORT Page 191 of 305 Letter of Commitment Page 1 WESTLAKE ACADEMY 2600 J.T. Ottinger Road Westlake, Texas 76262 Date: March 24, 2026 Re: Letter of Commitment – Temporary Storm Shelter Funding, Procurement and Installation in connection with the Westlake Academy Arts and Sciences Building Expansion To Whom It May Concern: The Westlake Academy Board of Trustees, the governing body of Westlake Academy, hereby affirms its commitment to provide for temporary storm shelter accommodations for students, staff, and visitors associated with the Westlake Academy Arts and Sciences Building Expansion project. As a condition of the issuance of the Final Certificate of Occupancy by the Town of Westlake for the Westlake Academy Arts and Sciences Building Expansion, the Board of Trustees formally commits that: 1. Funding Commitment – Westlake Academy will allocate and make available sufficient funds necessary to procure and implement temporary storm shelter solutions that meet applicable life‑safety requirements and the expectations of the permitting authority. 2. Contractual Commitment – Westlake Academy will enter into one or more contracts with qualified vendors or providers to supply, install, lease, or otherwise make available temporary storm shelter facilities adequate to serve the occupants of the Westlake Academy Arts and Sciences Building Expansion. 3. Compliance with Applicable Standards – The temporary storm shelter solution will comply with applicable building, life‑safety, and emergency management standards as required by the Town of Westlake as permitting authority. 4. Duration of Commitment – The temporary storm shelter solution will remain in place and available for use until such time as a permanent storm shelter solution is constructed or otherwise approved by the appropriate regulatory authority. Page 192 of 305 Letter of Commitment Page 2 This Letter of Commitment is authorized by formal action of the Westlake Academy Board of Trustees. The undersigned certifies that the Board of Trustees approved this commitment during a duly posted meeting held on March 24, 2026, and authorized the Board President to execute this letter on behalf of Westlake Academy. Sincerely, __________________________________ Kim Greaves, Board President Westlake Academy Board of Trustees ATTEST: __________________________________ Dianna Buchanan, Board Secretary Page 193 of 305 DATE: March 24, 2026 AGENDA ITEM NO: J.2. FROM: Jason Oliver, Project Manager, Town Manager's Office SUBJECT: Discuss, consider and act regarding Resolution 26-07 approving a construction contract with Sedalco Inc. for the WA Arts & Sciences Building Project in an amount not to exceed $6,700,000. ATTACHMENTS: 1. Res 26-07 Approving Construction Contract with Sedalco for WA A&S Project 2. Contract Agreement Sedalco Inc SUMMARY : Sedalco Inc. has been chosen to provide general contracting services for the Arts and Sciences addition at Westlake Academy. The contract for services must be approved by council in order to begin construction. BACKGROUND AND DISCUSSION: The Town of Westlake accepted competitive sealed proposals February 26, 2026 for the Westlake Academy Arts and Sciences addition, designed by BRW Architects. Sedalco Inc. was chosen by the review committee to provide general contracting services for the construction portion of the project. The A101 Standard Form of Agreement Between Owner and Contractor has been completed and awaits council approval for final execution. FISCAL IMPACT: The contract is for $6,700,000 to be paid over the course of construction with completion set for July 2027. LEGAL REVIEW: Yes. RECOMMENDATION: Staff recommends approval of Resolution 26-07 as presented. ACTION OPTIONS: Motion to Approve as Presented Motion to Deny Motion to Approve with Changes/Conditions Motion to Continue or Table Town Council/Board of Trustees AGENDA ITEM REPORT Page 194 of 305 TOWN OF WESTLAKE RESOLUTION NO. 26-07 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING A CONSTRUCTION CONTRACT WITH SEDALCO, INC. FOR THE WESTLAKE ACADEMY ARTS AND SCIENCES BUILDING PROJECT IN AN AMOUNT NOT TO EXCEED $6,700,000.00; AUTHORIZING THE TOWN MANAGER OR DESIGNEE TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake operates and supports Westlake Academy, a municipal charter school serving the educational needs of the community; and WHEREAS, the Town of Westlake has undertaken the Westlake Academy Arts and Sciences Building Addition Project in order to expand educational facilities and support the continued growth of the Academy; and WHEREAS, the Town issued a solicitation for competitive sealed proposals for construction services for the project in accordance with applicable Texas procurement laws; and WHEREAS, proposals were publicly received and opened on February 26, 2026, for construction services for the Arts and Sciences Building Addition designed by BRW Architects; and WHEREAS, after evaluation of the proposals by the review committee, Sedalco Inc. was determined to provide the best value to the Town for the project and was recommended for award of the construction contract; and WHEREAS, the parties have prepared an AIA A101 Standard Form of Agreement Between Owner and Contractor establishing the terms of construction services for the project; and WHEREAS, the total contract amount for construction services shall not exceed Six Million Seven Hundred Thousand Dollars ($6,700,000) and will be paid over the course of construction with substantial completion anticipated in July 2027; and WHEREAS, the proposed agreement has been reviewed by the Town’s legal counsel and staff recommends approval. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: Page 195 of 305 Resolution No. 26-07 Amending Purchasing Authority Spending Limits Page 2 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 Council hereby approves the construction contract with Sedalco Inc. for the Westlake Academy Arts and Sciences Building Project in an amount not to exceed $6,700,000, in substantially the form attached hereto. SECTION 3: The Town Manager, or designee, is hereby authorized to execute the AIA A101 Standard Form of Agreement Between Owner and Contractor, together with any related documents necessary to effectuate the contract, on behalf of the Town. SECTION 4: That this Resolution shall take effect immediately upon its adoption. PASSED AND APPROVED ON THIS 24TH DAY OF MARCH 2026. Kim Greaves, Mayor ATTEST: Dianna Buchanan, Town Secretary APPROVED AS TO FORM: Alex Crowley, Town Attorney Page 196 of 305 Page 197 of 305 Page 198 of 305 Page 199 of 305 Page 200 of 305 Page 201 of 305 Page 202 of 305 Page 203 of 305 Page 204 of 305 Page 205 of 305 Page 206 of 305 Page 207 of 305 Page 208 of 305 Page 209 of 305 Page 210 of 305 Page 211 of 305 Page 212 of 305 Page 213 of 305 Page 214 of 305 Page 215 of 305 Page 216 of 305 Page 217 of 305 Page 218 of 305 Page 219 of 305 Page 220 of 305 Page 221 of 305 Page 222 of 305 Page 223 of 305 Page 224 of 305 Page 225 of 305 Page 226 of 305 Page 227 of 305 Page 228 of 305 Page 229 of 305 Page 230 of 305 Page 231 of 305 Page 232 of 305 Page 233 of 305 Page 234 of 305 Page 235 of 305 Page 236 of 305 Page 237 of 305 Page 238 of 305 Page 239 of 305 Page 240 of 305 Page 241 of 305 Page 242 of 305 Page 243 of 305 Page 244 of 305 Page 245 of 305 Page 246 of 305 Page 247 of 305 Page 248 of 305 Page 249 of 305 Page 250 of 305 Page 251 of 305 Page 252 of 305 Page 253 of 305 Page 254 of 305 Page 255 of 305 Page 256 of 305 Page 257 of 305 Page 258 of 305 Page 259 of 305 Page 260 of 305 Page 261 of 305 Page 262 of 305 Page 263 of 305 Page 264 of 305 Page 265 of 305 Page 266 of 305 Page 267 of 305 Page 268 of 305 Page 269 of 305 Page 270 of 305 Page 271 of 305 Page 272 of 305 DATE: March 24, 2026 AGENDA ITEM NO: J.3. FROM: Sandy Garza, Human Resources Director John Ard, Fire Chief SUBJECT: designed to position Westlake's firefighter salaries targeting the 80th percentile of the ATTACHMENTS: 1. Resolution 26-08 Fire Department Compensation Step Plan 2. Exhibit A Fire Dept. Compensation Step Plan SUMMARY : Retention challenges caused by a non-competitive pay plan have required the department to continually hire to maintain staffing levels. Because fully qualified Fir efighter/Paramedics are difficult to recruit, the department often hires Firefighter/EMTs and must inv est additional funds to send them to paramedic school and cover overtim e. Benchmarking salaries at the 80th percentile would strengthen retention, i mprove recruitment of qualified personnel, a nd reduce these additional costs. BACKGROUND AND DISCUSSION: The Fire-EMS Department has faced ongoing retention challenges for several years, primarily due to the lack of a competitive pay plan. As personnel leave for better-c ompensated opportunities, the department must continually hire to maintain s taffing levels. Because of these vacancies, the department has often been unable to recruit fully qualified Firefighter/Paramedics and has instead hired Fir efighter/EMTs who must later be sent to paramedic school. This results in significant costs for tuition and overtime to backfill positions during tr aining. Benchmarking Firefighter salaries at the 80th percentile of comparable Texas municipalities would place the City within the top 20% of the market, impr oving retention, strengthening recruitment, and supporting long-term operational stability. FISCAL IMPACT: The total annual cost to implement the step plan, including projected ov ertime impact, is $357,300. If implementation begins May 4, 2026, the cost in FY26 would be approximately $151,118, reflecting a partial-year impact. Town Council/Board of Trustees AGENDA ITEM REPORT Page 273 of 305 LEGAL REVIEW: N/A RECOMMENDATION: Approve Resolution 26-08 to approve amending the Fire Department Step Plan positioned at the 80th percentile of the regional fire service labor market, effective May 4, 2026. This plan will: • Improve recruitment of certified firefighter/paramedics • Reduce turnover and long-term training costs • Maintain safe and reliable emergency staffing for the Town ACTION OPTIONS: Page 274 of 305 WHEREAS, the Town of Westlake Fire Department provides essential emergency response and life-safety services to the residents and businesses of the Town; and WHEREAS, the Town has experienced increasing challenges recruiting and retaining certified firefighter/paramedics due to a highly competitive regional labor market; and WHEREAS, the Town conducted a compensation analysis comparing firefighter salaries among comparable North Texas fire departments; and WHEREAS, the analysis indicates that positioning firefighter compensation near the 80th percentile of the regional labor market will improve recruitment and retention of qualified personnel; and WHEREAS, staff has recommended adoption of a structured compensation step plan for Fire Department personnel including Firefighter/EMT-B, Firefighter/Paramedic, Driver/Engineer, and Captain classifications. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE: 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: The Town Council hereby approves the Fire Department Compensation Step Plan attached as “Exhibit A”. SECTION 3: The step plan shall position Fire Department salaries at approximately the 80th percentile of the regional fire service labor market. SECTION 4: The compensation adjustments authorized by this resolution shall become effective ____________________(either May 4, 2026, or October 1, 2026), as directed by the Town Council, with employees placed within the step structure based on tenure in their assigned rank. Page 275 of 305 Resolution 26-08 Page 2 The Town Manager is authorized to take all administrative actions necessary to implement the compensation plan. th Day of March 2026. ___________________________________ Kim Greaves, Mayor ATTEST: ________________________________ ___________________________________ Dianna Buchanan, Board Secretary Wade Carroll, Town Manager APPROVED AS TO FORM: ________________________________ Alex Crowley, Town Attorney Page 276 of 305 Town of Westlake Fire Department Compensation Step Plan Compensation Structure The step plan provides defined salary progression based on rank and experience. Advancement through steps is subject to Town policies, performance standards, and applicable departmental criteria. Firefighter / EMT-B Step Annual Salary Firefighter / Paramedic Step Annual Salary Engineer Step Annual Salary Captain Step Annual Salary EXHIBIT A Page 277 of 305 [Type here] Town of Westlake Fire Dept. Comp. Step Plan 05.2026 Page 2 Administration and Implementation • Placement within the step plan will be determined based on qualifications, certifications, and experience, as approved by the Town Manager or designee. • Movement between steps is not automatic and is subject to budget approval, performance, and departmental recommendations. • This plan may be amended as necessary to maintain market competitiveness and organizational needs. Annual Review and Budget Approval The Fire Department Compensation Step Plan shall be reviewed at a minimum of every other year as part of the Town’s budget development process. Any adjustments to the step plan, including salary ranges or step progression, are subject to available funding and approval through the annual budget adoption process. Nothing in this plan guarantees automatic salary increases or step advancements. All compensation actions remain subject to Town policy, performance considerations, and approval by the Town Manager and/or Town Council, as applicable. Page 278 of 305 WESTLAKE ACADEMY WA RESOLUTION 26-07 A RESOLUTION OF THE WESTLAKE ACADEMY BOARD OF TRUSTEES RATIFYING THE CERTIFICATION OF THE PROVISION OF INSTRUCTIONAL MATERIALS SURVEY FOR THE 2026-2027 SCHOOL YEAR, IN COMPLIANCE WITH THE TEXAS EDUCATION CODE AND STATE BOARD OF EDUCATION RULES. WHEREAS, the Texas Education Code §31.0211 establishes an Instructional Materials and Technology Allotment (IMTA) to assist school districts in the acquisition of instructional materials, technology, and services necessary for the delivery of instruction to students; and WHEREAS, , to remain in compliance with the Texas Education Code and the State Board of Education (SBO) rules, school districts must annually certify that instructional materials provided to students cover the essential knowledge and skills of the required curriculum for each grade level; and WHEREAS, Westlake Academy utilizes the Instructional Materials Allotment (IMA) to purchase state-adopted and locally selected instructional materials, technological equipment and services, training related to instructional materials and technology, and access to digital instructional materials; and WHEREAS, the certification of the Provision of Instructional Materials Survey for the 2026-2027 school year is required for Westlake Academy to continue receiving funding from the Texas Education Agency (TEA) under the IMTA program; and WHEREAS, failure to certify this provision would result in a loss of revenue critical to the procurement of instructional materials and the integration of educational technology; and WHEREAS, the Board of Trustees finds that the passage of this Resolution is in the best interest of the citizens of Westlake as well as the students, their parents, and faculty of Westlake Academy. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY: SECTION 1: That, all matters stated in the recitals herein are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Page 279 of 305 WA Resolution 26-07 Page 2 SECTION 2: That, the Board of Trustees of Westlake Academy hereby approves the ratification of the Certification of the Provision of Instructional Materials Survey for the 2026- 2027 academic year, in compliance with the Texas Education Code and State Board of Education rules. 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 24th DAY OF MARCH 2026. ___________________________________ Kim Greaves, President ATTEST: ________________________________ ___________________________________ Dianna Buchanan, Board Secretary Dr. Kelly Ritchie, Head of School APPROVED AS TO FORM: ___________________________ Janet S. Bubert, School Attorney Page 280 of 305 DATE: March 24, 2026 AGENDA ITEM NO: M.1. FROM: Kelly Ritchie, Head of School, Westlake Academy SUBJECT: (TABLED 2.17.2026, 2.24.2026) Discuss, consider and act regarding WA Resolution 26-03 to approve contracting with Technology Lab to provide Information Technology services to Westlake Academy and authorizing the Head of School to execute the agreement for same. (Dr. Kelly Ritchie, Head of School) ATTACHMENTS: 1. WA Res 26-03 Technology Lab Agreement Approval 2. EXHIBIT A Quote 6257 v18 Technology Lab 3. Westlake_Academy_Cost_Comparison (4) 4. Techlab_Westlake edits to MSA Master-Services-Terms-and-Conditions SUMMARY : Westlake Academy’s technology environment has grown significantly in complexity as the Academy has expanded academically, operationally, and technologically. The current structure presents challenges related to network reliability, security, scalability, and the need for a long-term strategic technology partner with education-specific expertise. To address these challenges, Academy leadership engaged Technology Lab to conduct an assessment and propose a comprehensive managed IT services model tailored specifically for K–12 educational environments. Technology Lab specializes in school-focused IT support and brings extensive experience working with charter schools, including network design, cybersecurity, device management, and E-Rate strategy. BACKGROUND AND DISCUSSION: Contracting with Technology Lab will allow Westlake Academy to transition from a reactive IT model to a proactive, strategic approach that aligns technology infrastructure with instructional and operational priorities. Key benefits of the proposed partnership include: • Education-Focused IT Expertise: Deep understanding of K–12 school operations, instructional technology needs, and compliance considerations. Town Council/Board of Trustees AGENDA ITEM REPORT Page 281 of 305 • Improved Network Reliability and Security: 24/7 monitoring, proactive maintenance, cybersecurity best practices, and recommendations to eliminate single points of failure through cloud-based solutions. • Dedicated Support and Leadership Visibility: A school-focused help desk, dedicated client relations manager, and regular technology business reviews to provide transparency, accountability, and strategic planning. • Operational Efficiency: Streamlined onboarding and offboarding, device management for faculty and students, vendor management, and standardized support protocols. • Strategic Planning and Financial Stewardship: Development of a long-term technology roadmap, procurement strategy, and guidance in leveraging the E-Rate program to offset infrastructure costs. This partnership will allow campus leadership to focus on teaching, learning, and student experience while ensuring the Academy’s technology systems are secure, scalable, and aligned with best practices. FISCAL IMPACT: The financial terms of the agreement, including managed service fees and projected infrastructure investments, are outlined in the attached proposal. Costs will be incorporated into the Academy’s operating budget and offset, where applicable, through E-Rate reimbursements and improved financial clarity related to IT services. LEGAL REVIEW: Yes. RECOMMENDATION: Administration recommends approval of this item to establish a strategic, education-focused IT partnership that strengthens Westlake Academy’s technology infrastructure, improves security and reliability, and supports the Academy’s long-term operational and instructional goals. ACTION OPTIONS: Motion to Approve as Presented Motion to Deny Motion to Approve with Changes/Conditions Motion to Continue or Table Page 282 of 305 WESTLAKE ACADEMY RESOLUTION NO. 26-03 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE WESTLAKE ACADEMY APPROVING A CONTRACT WITH TECHNOLOGY LAB TO PROVIDE MANAGED INFORMATION TECHNOLOGY SERVICES TO WESTLAKE ACADEMY AND AUTHORIZING THE HEAD OF SCHOOL TO EXECUTE THE AGREEMENT FOR SAME. WHEREAS, Westlake Academy is an open-enrollment public charter school committed to providing a high-quality educational environment supported by secure, reliable, and modern technology systems; and, WHEREAS, Westlake Academy’s technology environment has grown significantly in complexity as the Academy has expanded academically, operationally, and technologically and, WHEREAS, the Academy has identified ongoing challenges related to network reliability, cybersecurity, scalability, and the need for a long-term strategic technology partner with education- specific expertise; and WHEREAS, Academy leadership engaged Technology Lab to conduct an assessment and propose a comprehensive managed IT services model tailored specifically for K–12 educational environments; and WHEREAS, Technology Lab specializes in school-focused IT support, including network design, cybersecurity, device management, and E-Rate strategy; and WHEREAS, contracting with Technology Lab will allow Westlake Academy to transition from a reactive IT support model to a proactive, strategic approach aligned with instructional and operational priorities; and WHEREAS, the proposed partnership is expected to provide benefits including improved network reliability and security, dedicated support services, operational efficiency, and long-term technology planning and financial stewardship; and WHEREAS, the financial terms of the agreement are outlined in Quote #6257 v18, including a one-time onboarding fee and monthly managed service fees, and such costs will be incorporated into the Academy’s operating budget and offset where applicable through E-Rate reimbursements; and WHEREAS, the Board of Trustees finds that the passage of this Resolution is in the best interest of Westlake Academy and supports the Academy’s long-term operational and instructional goals. Page 283 of 305 WA Res. 26-03 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE WESTLAKE ACADEMY BOARD OF TRUSTEES: 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 Westlake Academy Board of Trustees does hereby approve contracting with Technology Lab to provide managed Information Technology services to Westlake Academy, as described in the attached proposal. SECTION 3: That the Head of School, Dr. Kelly Ritchie is hereby authorized and directed to execute all necessary agreements and related documents for these services, including: •A one-time onboarding fee in the amount of $11,000.00, and •Ongoing monthly managed service fees in an amount of $22,175.90,consistent with Quote #6257 v18, attached hereto as Exhibit “A.” •SECTION 4: Any actions previously taken by the Head of School or administration to negotiate or initiate this agreement are hereby ratified and approved. SECTION 5: 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 Board hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 6: That this Resolution shall become immediately effective from and after its date of passage. PASSED AND APPROVED ON THIS 24TH DAY OF MARCH 2026. ___________________________________ Kim Greaves, Board President ATTEST: ________________________________ Dianna Buchanan, Board Secretary APPROVED AS TO FORM: ________________________________ Janet S. Bubert, School Attorney Page 284 of 305 03/12/2026 Westlake Academy - Managed Services Quote Prepared by: Connor O'Neill Prepared for: Westlake Academy Charter School Contact number: 615.784.8000 Address: 21 Cleveland Avenue, Nashville 37210 Email: connor.oneill@technologylab.com Website: www.technologylab.com EXHIBIT A Page 285 of 305 One-Time Subtotal $0.00 TechnologyLab 21 Cleveland Avenue Nashville, TN 37210 United States T: 615.784.8000 Quote #6257 v18 Date 03/12/2026 Expires 04/30/2026 Contact Connor O'Neill Prepared for Westlake Academy Charter School Kelly Ritchie 1400 Creek Crest McKinney, TX 75071 United States T: +19724674113 E: kritchie@westlakeacademy.org Westlake Academy - Managed Services Quote Managed Services One-Time Fees Item Qty Price Total EDU-Managed Network Firewall 250 ASL Bundle Managed Firewall and License 1 $0.00 $0.00 Monthly Fees Item Qty Price Total Managed User - EDU Support: - Unlimited Remote Control Support - Unlimited Onsite Support - Microsoft / Apple Application Support - Zero Touch Deployment for New Machines - Management of Device Imaging and Enrollment - G-Suite & O365 Management - Vendor Management - Network Support & Troubleshooting Maintenance - Online Trouble Ticket Management - Online License Management -Desktop Optimization & Management - Spyware and Adware Removal - VPN Client Management Security: - Patch & MacOS Management - Antivirus Software Management & Update - Malwarebytes Enterprise Included - Mobile Device Management - Implement Recommended Best Security Practices 110 $85.00 $9,350.00 EDU-Managed Network Firewall 250 ASL Managed Network Firewall with Advanced Security License 1 $999.99 $999.99 ACCEPT QUOTE Quote TechnologyLab - Quote # 6257 v18 2 / 4Page 286 of 305 Monthly Subtotal $16,505.98 Network Management - Leased Managed Wireless Network / Network Equipment Leased E-RATE ELIGIBLE 110 $30.00 $3,300.00 Managed Server Server Management Support Plan: -Unlimited Phone Support -Unlimited Remote Control Support -Service Availability Monitoring Maintenance -Microsoft Patch Management -Event Log Monitoring -Log File Maintenance -Drive Space Monitoring -Printer Setting Management -Quarterly On-Site Maintenance Security -User Account Administration -File Sharing Permission Administration -Security Administration -Virus Definition & Prevention -Online Asset Management -Online Trouble Ticket Management -Online License Management -Desktop Optimization & Management -Spyware and Adware Removal -VPN Client Management 6 $100.00 $600.00 LabVault (SaaS) Managed Backup per GB - SaaS Based File Storage 15760 $0.10 $1,576.00 TL Guardian - Detection and remediation of SaaS security threats - Independent Third-Party Monitoring - Eliminate unnecessary guest user accounts on a monthly basis - Access to 365 days of event data to help diagnose issues and conduct forensics - Real-time monitoring and remediation of events as they occur 110 $3.00 $330.00 Dark Web Monitoring + Email Phishing Simulation 51-150 Users Dark Web Monitoring + Email Phishing Simulation 51-150 Users 1 $250.00 $250.00 iPad Management Monthly Fee for Mobile Device Management for iOS Devices 1100 $0.0909 $99.99 Item Qty Price Total * Recurring fees billed monthly with 0 upfront payment(s). Professional Services One-Time Fees Item Qty Price Total Onboarding Fee - Managed Services New Client Onboarding & Implementation 1 $11,000.00 $11,000.00 Quote TechnologyLab - Quote # 6257 v18 3 / 4Page 287 of 305 One-Time Subtotal $11,000.00 Monthly Subtotal $669.90 Please contact us if you have any questions.Total One-Time $11,000.00 USD Total Monthly $17,175.88 USD Software Monthly Fees Item Qty Price Total Microsoft 365 A3 Faculty (Annual/Monthly) Office 365 A3, Enterprise Mobility + Security E3, Windows 10/11 Education E3, and Minecraft: Education Edition. This per-user licensed suite of Education products offers users best-in-class productivity across devices while providing IT security and control. Annual subscription/billed monthly 110 $6.09 $669.90 * Recurring fees billed monthly with 0 upfront payment(s). Summary Cost Breakdown Category One-Time Fees Monthly Fees Managed Services —$16,175.98 Networking —— Power Cords —— Service $11,000.00 $330.00 Software —$669.90 Total $11,000.00 USD $17,175.88 USD ACCEPT QUOTE Quote TechnologyLab - Quote # 6257 v18 4 / 4Page 288 of 305 Westlake Academy Technology Lab Comparison of Proposals: Original Proposal versus Updated Proposal Proposal Updates Executive Summary The updated proposal reflects significant strategic improvements to Westlake Academy's IT environment and service delivery model, resulting in enhanced value and cost efficiency while reducing operational redundancy and financial burden on the academy and town. Below are the key differences from the original proposal to our most updated proposal. Key Monthly Savings Improvements Metric Original Proposal Updated Proposal Change Monthly Cost $22,175.90 $17,175.88 -$5,000.02 With E-Rate Monthly Cost $18,855.90 $15,455.88 -$3,400.02 Key Annual Savings Improvements Metric Original Proposal Updated Proposal Change Annual Savings $101,447.60 $143,247.79 $41,800.19 Monthly Savings $8,453.97 $11,937.32 $3,483.35 Service Enhancements • EDU Managed Network Firewall – Enables network separation between the academy and town ahead of the December 2026 firewall lease expiration. • Elimination of Financed Network Costs – Removed $5,000/month lease burden through an improved intentional plan, keeping the existing network in place to reduce the financial burden on the academy and the town. See Exhibit A for details on the original financing proposal. • E-rate Eligible Services Optimization – Optimized services to focus on E-rate compliant solutions, increasing funding opportunities Bottom Line Benefits The updated proposal delivers $41,800.19 additional annual savings while providing Westlake Academy with less financial burden, enhanced security posture, and better alignment with E -rate funding opportunities. This represents a 41.2% improvement in savings over the original proposal. Total Benefit: $3,400.02/month additional savings + stronger IT support model Page 289 of 305 WESTLAKE ACADEMY Managed IT Services — Partnership Summary Our commitment to Westlake Academy goes beyond a standard service agreement. We have worked collaboratively and in good faith with the Board to craft a partnership structure that protects the Academy’s financial interests, respects existing infrastructure investments, and delivers school - focused IT management — on their terms. KEY UPDATES MADE ON BEHALF OF WESTLAKE ACADEMY 🚫 No Network Rip-and-Replace Required We eliminated the requirement for a full network infrastructure overhaul, removing significant upfront capital burden and minimizing operational disruption. 💰 Existing Leases Preserved — Protecting Town Finances By retaining current network hardware leases, the Academy and Town of Westlake avoid costly early termination penalties, directly relieving a substantial financial burden. 📄 Major Contract Revisions Accepted Every major revision submitted by the Westlake Academy has been reviewed and accommodated, demonstrating consistent flexibility and responsiveness throughout contracting. UPDATE ON PROPOSAL Dedicated Managed Firewall Installation We will install our leased, fully managed firewall to create a clean network boundary between the Academy and Town of Westlake. Direct, independent management of Academy network Faster issue resolution — no dependency on Town IT Improved operational efficiency across all systems Clear accountability with a single point of contact WHY THIS PARTNERSHIP WORKS ▸ Financial Stewardship No surprise costs, no forced replacements. The Academy’s budget is protected at every stage. ▸ Board-Responsive Process Every Board request was taken seriously and addressed — a reflection of how we operate with all clients. ▸ Continuity & Stability Existing infrastructure and leases are honored. Transition is smooth, not disruptive. ▸ A Responsible Path to Our Gold Standard Although our preferred plan originally proposed was to upgrade the school's network infrastructure to our Gold Standard, we determined it best to leave the current network in place due to existing financial commitments. Implementation Timeline Page 290 of 305 Phase Timeline Key Activities 1 March 24 Board approval; secure commitment 2 Week of March 30 Welcome Call – connect with Onboarding Team 3 Week of April 6 Information intake and onboarding review 4 Week of April 20 Meet with school and town to review leases 5 April 26 – May 22 Continue and finalize onboarding 6 Week of May 25 Network reconfiguration and firewall install 7 June / July (PD Days) Staff coaching and training 8 First day of school Seamless IT support for faculty, staff, and students Page 291 of 305 Exhibit A Page 292 of 305 4929-3382-4005, v. 3 Master Services Terms and Conditions This Master Services Agreement (this “Agreement”) constitutes the full terms of the Agreement that govern the relationship between TECHNOLOGY LAB, LLC, a Tennessee limited liability company (generally “TECHNOLOGY LAB”, “We” or “Our”) and their clients (each a “Client” or “You”) who agree to receive services from TECHNOLOGY LAB by executing a Proposal, as further defined below, and entering into this Agreement. All capitalized terms not otherwise defined herein shall have the meaning assigned to them in the Proposal, which is hereby incorporated into this Agreement in its entirety. By signing a Proposal or otherwise receiving any Services from TECHNOLOGY LAB, Client agrees to be bound by this Agreement which is effective upon the date the Proposal is signed by TECHNOLOGY LAB. 1. TERM & TERMINATION a) Services. You hereby engage TECHNOLOGY LAB to perform, as agreed by the parties, those services and support that are incorporated into this Agreement in a Proposal that is signed by both parties (the “Proposal” and the “Services” respectively). The Services will be subject to any additional terms and conditions that are described in the applicable executed Proposal. b) Term. This Agreement or any applicable addendum or executed Proposals shall be in effect for thirty-six (36) months from the date of the first monthly invoice (the “Initial Term”). At the end of the Initial Term, this Agreement and each executed Proposal shall automatically renew for a subsequent twelve (12) month term, and shall be renewed for successive twelve (12) month terms thereafter on the same terms and conditions, unless either party gives the other sixty (60) days prior written notice of its intent not to renew this Agreement. c) Termination. Either party may terminate this Agreement upon forty-five (45) days written notice if the other Party: i. Fails to fulfill in any material respect its obligations under this Agreement and does not cure such failure within forty-five (45) days of receipt of such written notice; or ii. Breaches any material term or condition of this Agreement and fails to remedy such breach within forty-five (45) days of receipt of such written notice. In no event will We be determined to be in material breach or default unless You give Us written notice of the failure or default with reasonable detail and We fail to cure the described breach within forty-five (45) days after receiving the notice; provided, that if We are unable to cure the alleged breach completely with such forty-five (45) day period, We shall not be deemed to be in breach if We have commenced to cure the alleged breach and continue diligently to pursue the same. Additionally, You may terminate the Agreement without cause by providing sixty (60) days written notice to TECHNOLOGY LAB. d) Adjustments to Services. Should adjustments or modifications be required that affect the monthly fees paid for the services rendered under this Agreement, these adjustments will be negotiated and agreed to by the parties in advance. If You request changes or modifications to this Agreement that in effect reduce or modify the Services provided by 60% or more in the Initial Term or any Renewal Term, such request shall be deemed an automatic termination by You of this Agreement without cause. e) Effect of Termination. If either party terminates this Agreement for any reason and upon payment of all outstanding bills, which includes a lump sum termination fee equal to three (3) times the monthly fee as well as any expenses, as further defined in this section (“Termination Fee”), We will assist You in the orderly termination of services, including timely transfer of the services to another designated provider. You shall pay Us the mutually agreed upon actual costs of rendering such assistance. Actual costs could include but are not limited to: training, data transfer, license transfers or equipment de-installation. Termination Fees or expenses referred to above include any unpaid subscription balance, return of any equipment provided under Section 8 and payment of return fees listed in the original Proposal (“Return Fee”), unless otherwise negotiated between the parties under Section 8(b). Page 293 of 305 4929-3382-4005, v. 3 f) Nonappropriation. You may terminate this Agreement if funds sufficient to pay obligations herein are not appropriated by the Texas legislature or if Your Board of Trustees determines that insufficient funds are available for the services in any fiscal year following the fiscal year in which this Agreement is executed. In the event of non-appropriation, We will be provided ten (10) days written notice of intent to terminate. Moreover, You may terminate the Agreement if the Services provided under this Agreement are to be paid for in whole or in part by federal funds and such funds are not made available or are withdrawn due to failure to follow appropriate procurement and/or cost provisions as set forth in the U.S. Department of Education's General Administrative Regulations ("EDGAR") 2. FEES AND PAYMENT TERMS a) During the Term of this Agreement, You shall pay Us the fees at the rates and on the schedule set forth in the applicable executed Proposal subject to adjustment as provided herein. The initial month’s fee will be due and owing 30 days after execution of this Agreement. b) For all recurring fees, You will be obligated to pay the fees monthly via ACH on the first day of the month pursuant to the ACH Transfer Authorization provided with the executed Proposal. After the first 24 months of the Initial Term, the recurring fees will increase annually by 3%. We will invoice You upon Our receipt of such automated ACH payment. For any expenses that are not monthly recurring expenses, We will invoice You monthly, with such invoices being due within thirty (30) days of receipt of the invoice. c) All invoices shall bear interest at a rate equal to an annual rate of six (6) percent. We reserve the right to suspend all services without notice if invoices for any services rendered are not received within 90 days of the date such payment is due – including all back up services. d) If You request additional services outside the terms of this Agreement or any executed Proposal, those services will be considered a Project and will be quoted and billed as separate agreements with the scope and payments terms to be agreed upon by the Parties. An initial setup fee may apply, to begin a Project. Upon completion of the Project, if the Project work leads to an ongoing monthly service or maintenance, then such work shall be performed under the terms of this Agreement and billing will begin effective immediately. Additional services available are set forth on Appendix B.1. e) If, in the course of completing a Project or providing Services and/or Support, unknown conditions at Client’s place of business are found or Client modifies the original request such that installation or other work required is beyond the original scope of work We will issue a change order (“Change Order”) defining the additional work and the additional fees required. Upon Client approval, We will commence work under the Change Order and payment will be due upon completion of the work defined therein. f) We may adjust Our standard hourly rates once each calendar year and will notify You in writing at least 30 days' in advance of any change. We may also increase the monthly fee for additional services and products included in the Services at rates competitive with comparable services from other providers. g) For the sake of clarity, We do not offer the services set forth on Appendix B.2. 3. TAXES a) We will add any applicable Federal, State or Local Taxes to each invoice for services or materials rendered under this agreement. You shall pay any such taxes unless You provide us with a valid exemption certificate for the state of use. Client is an open-enrollment charter school operated by the Town of Westlake, a Texas municipality. The parties acknowledge and agree that Client is exempt from Federal, State or Local tax. 4. MANAGED SERVICES COVERAGE a) For those clients who obtain Remote Helpdesk and Vendor Management of Client’s IT networks, We will provide such services through remote means between the hours of 8:00 am – 5:00 pm Monday through Friday, excluding public holidays. Our Network Monitoring Services will be provided 24/7/365. All services qualifying under these conditions will be specified in the signed Proposal. b) Support and Escalation. TECHNOLOGY LAB will respond to Client’s Trouble Tickets under the provisions of Appendix A, and with best effort after hours or on holidays. Trouble Tickets must be opened via email to support@TechnologyLab.com or by phone if internet is unavailable. Each call will be assigned a Trouble Ticket number for tracking. Our escalation process is detailed in the Appendix to this Agreement. Page 294 of 305 4929-3382-4005, v. 3 c) Service outside Normal Working Hours. Emergency services performed outside of the hours of 8:00 am – 5:00 pm Monday through Friday, excluding public holidays, shall be subject to provisions of the Appendix to this Agreement. d) Service Disclaimer. You grant Us authorization to view any data within the regular routine of the repair or system improvement. You also authorize Us to reasonably delete, change, and/or rewrite any necessary information to complete the system repair or improvement that is consistent with the standards and practices in the industry with notice to Client. 5. ADDITIONAL MAINTENANCE SERVICES a) For Hardware and Software Maintenance Services covered in any executed Proposal, We shall provide support of all agreed upon hardware and systems, provided that all software is genuine, currently licensed, and vendor-supported. Should any hardware or systems fail to meet these provisions, they will be excluded from this Agreement and We will provide You notice of any such exclusions. We will obtain Your prior authorization before incurring any 3rd Party vendor support charges in order to resolve any issues. You will be responsible for and shall pay all such authorized charges. b) For Monitoring Services covered in any executed Proposal, We will provide ongoing monitoring of all critical devices as indicated therein. We will provide You with monthly reports as well as document critical alerts, scans and event resolutions. Should a problem be discovered during monitoring, We shall provide You notice and attempt to rectify the condition in a timely manner through remote means. 6. SUITABILITY OF EXISTING ENVIRONMENT FOR MANAGED SERVICE Minimum Standards Required for Services In order for Your existing environment to qualify for Our Managed Services, Your environment must meet the following requirements: a) All Servers with Microsoft Windows Operating Systems must be running a current, Microsoft-supported operating system, and have all of the latest Microsoft Service Packs and Critical Updates installed. b) All Desktop PC’s and Notebooks/Laptops with Microsoft Windows Operating Systems must be running a current, Microsoft-supported operating system, and have all of the latest Microsoft Service Packs and Critical Updates installed. All Apple Computers Must be running a current, Apple-supported operating system. c) All Server and Desktop Software must be Genuine, Licensed and Vendor-Supported. d) The environment must have a currently licensed, up-to-date and Vendor-Supported Server-based Antivirus Solution protecting all Servers, Desktops, Notebooks/Laptops, and Email. e) The environment must have a currently licensed, Vendor-Supported Server-based Backup Solution that can be monitored and send notifications on job failures and successes. f) The environment must have a currently licensed, Vendor-Supported Hardware Firewall between the Internal Network and the Internet. g) All Wireless data traffic in the environment must be securely encrypted. We will provide You with notice of any noncompliance with the above-stated requirements. 7. CHRONICALLY FAILING EQUIPMENT Experience has shown that, your equipment which has initially passed Minimum Standard Requirements for Service can reveal itself to become chronically failing. This means that the equipment repeatedly breaks down and consistently causes user and business interruption even though repairs are accomplished. Should this occur, while rare, You agree to work constructively and positively with Us to replace the equipment at an additional cost to the extent practicable. EXCLUDED SERVICES. Service rendered under this Agreement does not include: a) Parts, equipment or software for Client’s telecommunications systems which are not specifically listed in an executed Proposal. b) The cost of any Software, Licensing, or Software Renewal or Upgrade Fees of any kind. c) The cost of any 3rd Party Vendor or Manufacturer Support or Incident Fees of any kind. Page 295 of 305 4929-3382-4005, v. 3 d) The cost to bring Client’s environment up to minimum standards required for Services. e) Failure due to acts of God, building modifications, power failures or other adverse environmental conditions or factors. f) Service and repair made necessary by the alteration or modification of equipment other than that authorized by TECHNOLOGY LAB, including alterations, software installations or modifications of equipment made by Client’s employees or anyone other than TECHNOLOGY LAB. g) Maintenance of Applications software packages, whether acquired from TECHNOLOGY LAB or any other source unless specified in an executed Proposal. h) Programming (modification of software code) and program (software) maintenance. i) Training Services of any kind. j) Replacement of or parts required for repairs on printers, screens or peripherals, (Point of Sale Scanners, Digital Cameras, Cell Phones nor any other specialized accessory), unless this equipment was originally specified in the Proposal. All labor required for installation of the above devices is not covered under this Agreement. k) Consumables such as printer maintenance kits, toner, ink, batteries, paper, etc. are not included or covered under this Agreement and will be invoiced separately. l) Providing, maintaining or repairing of legacy VOIP/phone systems, access control systems, elevators, HVAC, camera systems, alarm systems, bell system, paging system, printers and/or copiers. However, if You have or establish a vendor relationship for any listed item, We are available to coordinate Our work with any selected vendor for which You provide information to Us. 8. HARDWARE-AS-A-SERVICE For equipment that is the subject of a Hardware as a Service Proposal: a) Ownership of Equipment. You agree that all equipment provided by TECHNOLOGY LAB as outlined in a signed Proposal (the “Equipment”) will remain Our sole property; further, You acknowledge that We retain a 100% first-priority security interest in such Equipment. You shall not attempt to sell, resale, tamper, troubleshoot, repair, move, add, etc. to the Equipment without Our advance written permission. If We decide to file a UCC1 financing statement with the applicable Secretary of State providing notice as to our ownership interest in such Equipment, You shall be responsible for and shall pay all filing fees and taxes required for such filing. b) Return of Equipment. Upon termination of this Agreement, for any reason, You shall return any of Our Equipment within 10 days of termination, or, if agreed upon by the parties, You may purchase the Equipment at an agreed upon fair market value of the equipment, which amount will take into account any outstanding debt on such equipment (“Purchase Price”). If You terminate this Agreement during the first 36 months of the Initial Term or within 36 months of the installation of Equipment (whichever is longer), You will be required to pay the Return Fee for each piece of returned Equipment unless a Purchase Price has been agreed upon instead. c) Recapture of Equipment. If You do not return the Equipment within the 10 day period after termination of this Agreement for any reason (client default or other), You hereby irrevocably give Us permission to enter Your premises, take possession of Equipment, and compensate Us for all expenses accrued during the recovery (including but not limited to attorney’s fees and costs) in addition to any amounts owing under the balance of the Agreement. All efforts to recover such property will be deemed consensual and not a trespass. You shall fully cooperate and will not interfere in any way, including but not limited to involving law enforcement. In addition, You waive any and all claims and agree to hold Us harmless for damages of any kind arising under or related to Our entry of the premises, removal of the Equipment, or rendering of Services under this Agreement. d) Maintenance of Equipment. You acknowledge and agree that Our Equipment is to be maintained exclusively by Us or our designee. If You permit any tampering, repair attempts or services to completed by another party, We may immediately terminate this Agreement and collect all fees hereunder. e) Client’s Protection of Equipment. You shall make all reasonable efforts to keep equipment safe, secure and protected while in Your possession. You shall keep current insurance on Our equipment while in their possession and shall list TECHNOLOGY LAB as an additional loss payee. Promptly upon request, Client will Page 296 of 305 4929-3382-4005, v. 3 provide proof thereof to TECHNOLOGY LAB that TECHNOLOGY LAB is listed as an additional loss payee, providing a current copy of its insurance declaration sheet showing TECHNOLOGY LAB as a loss payee. f) Loss or Damage to Equipment/Shipment. You further shall be responsible for any and all costs for the repair or replacement of TECHNOLOGY LAB supplied equipment while in Client’s possession should it be damaged or repaired by an unauthorized third party. You are responsible for loss, damage or destruction of the equipment, including but not limited to losses while in transit, while loading and unloading, while at any and all locations, while in storage and while on your premises, and in parked vehicles, except that you are not responsible for damage to or loss of the equipment caused by Technology Lab’s sole negligence or willful misconduct. If the equipment is shipped to Client, Client assumes possession of the equipment and all risk and expense for any shipment once the equipment has been consigned to a carrier, or carrier’s agent. Technology Lab is not liable in any way for the loss, damage, delay, or cost arising from the shipment. 9. LIMITATION OF LIABILITY/INDEMNIFICATION Indemnification. The parties warrant to indemnify and hold harmless each other, and each other’s officers, directors, employees, and agents harmless, from and against any and all direct claims, costs, losses, liabilities and expenses for personal injury and property damage, including reasonable attorneys’ fees, attributable to their actions and omissions under this Agreement, but excluding claims that would not be made but for the gross negligence, willful misconduct or fraud of the party seeking indemnification. The Parties agree and acknowledge that any indemnification obligation of Client shall be limited to the extent allowed by applicable state law. a) Representation and Limitations. Any services that We furnish shall be performed in a professional manner consistent with industry standards. Except as noted above, We disclaim all representations and warranties of any kind, express or implied, including without limitation, any warranties related to (i) merchantability, (ii) fitness for a particular purpose, (iii) title, (iv) non-infringement, (v) course of dealing, (vi) course of performance, (vii) usage of trade, (viii) warranties that the system or solution will be secure or error free, (ix) warranties that the system will always be available, accessible, uninterrupted, timely, secure or will operate without error. Except as otherwise provided herein, You assume all risk as to the quality and performance of the services provided hereunder. We do not warrant that the capabilities of the services meet Your requirements or that the operations of the services shall be uninterrupted or error free. b) Limitation of Liability. In no event shall We or our suppliers be held liable for any indirect, special, incidental, economic, property or consequential damages arising under this contract, including but not limited to loss of profits or revenue, business interruption, loss of use of equipment, lost data, costs of substitute equipment, or other costs arising out of this Agreement. In no event shall Our liability for services under this Agreement exceed $250,000 or the limits of insurance, whichever is greater. Client acknowledges that the pricing of the Services and the other terms of this Agreement have been set based on the foregoing sections of this Agreement providing for an agreed allocation of the risk for any defective Services between the parties. Client further acknowledges that the pricing and terms would have been different if there had been a different allocation of the risk. 10. CONFIDENTIALITY/DATA PRIVACY a) TECHNOLOGY LAB and its agents may use Client information, as necessary to or consistent with providing the contracted services, and will use best efforts to protect against unauthorized use. b) In order to fulfill TECHNOLOGY LAB’s duties and responsibilities of maintaining network security and confidentiality, administrative passwords will be retained by TECHNOLOGY LAB and not released to the Client or other third parties. c) Upon the mutual agreement of TECHNOLOGY LAB and the Client, including payment of all undisputed sums due to TECHNOLOGY LAB, upon termination of the Agreement, passwords and other administrative codes will be released to the Client or others at the Client’s written direction. d) We are committed to your privacy and have taken commercially reasonable steps to ensure that all our employees, contractors and services providers are also committed to ensuring that your information remains confidential by having them sign or including confidentiality provisions in all our vendor agreements. Upon termination of this Agreement and payment of all fees and expenses incurred under this Agreement, We will take commercially reasonable steps to transfer all data back to You and then to delete Page 297 of 305 4929-3382-4005, v. 3 any of your data remaining on our systems. e) In the event that We come in contact with any personal information or data in the process of providing the Services, We will not collect, sell, retain, use or disclose such personal information for any purpose other than the specific purpose of performing services pursuant to this Agreement. f) If You receive a verified consumer request for deletion under the California Consumer Privacy Act (CCPA), You may direct Us to delete such consumer’s personal information from Your records. We will assist You in responding to requests from California data subjects to exercise their rights under the CCPA. We certify that we understand the CCPA’s requirements and will comply with them. g) To facilitate the effective management of Client information, the parties agree to enter into a Data Sharing Agreement which shall be incorporated herein by reference. 11. NONSOLICITATION AND NONDISPARAGEMENT. a) During the Term of this Agreement and for a period of two (2) years thereafter, You shall not directly or indirectly (i) solicit, recruit, hire, attempt to hire, employ, retain on contract or subcontract or consulting basis, or otherwise engage any of Our employees; or (ii) solicit, induce or encourage or request that any of Our employees or contractors terminate their employment or engagement with the other party or perform services for or on its behalf or any third party, without Our express written permission. In the event You do solicit, hire, or retain on contract or subcontract basis an employee in violation of this Section, You agree to pay Us promptly a placement fee of $250,000 per employee. b) At all times following the date hereof, the Parties agree they shall not, directly or indirectly, whether in writing or orally, criticize, disparage, or make other negative remarks about the other Party or the Party’s current or former affiliates, directors, officers, members, partners, employees, agents or representatives, except as may be necessary to preserve a Party’s rights under the Agreement or to an outside agency with oversight authority over Client. You may provide critical assessments of Our business to Us. 12. INSURANCE. TECHNOLOGY LAB agrees to carry customary and reasonable comprehensive insurance coverage including, but not limited to, cyber liability and an errors and omissions policy throughout all terms of the Agreement and naming Client as additional insured under all policies. TECHNOLOGY LAB will, for the term of this Agreement, list You as an additional insured on Our general liability and cyber policies. 13. MISCELLANEOUS a) Subcontract Rights. With Client’s prior written approval, TECHNOLOGY LAB may assign, delegate, or subcontract services to third party competent contractors approved by TECHNOLOGY LAB. b) Survival. Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either Party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination, including, but not limited to Sections 1 (e), 9, and 11 (indemnity, nonsolicitation and nondisparagement). c) Notices. Any notice which may be given by a Party under this Agreement shall be deemed to have been duly delivered if delivered by hand, first class post, facsimile transmission or electronic mail to the address of the other Party as specified in this Agreement or any other address notified in writing to the other Party. Subject to any applicable local law provisions to the contrary, any such communication shall be deemed to have been made to the other Party, if delivered by: (i) first class post, 3 days from the date of posting; (ii) hand or by facsimile transmission, on the date of such delivery or transmission; and (iii) electronic mail, when the Party sending such communication receives confirmation of such delivery by electronic mail. d) Venue; Choice of Law; Mediation; Waiver. This agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Texas. Jurisdiction and venue shall exclusively lie in the state and federal courts located in Tarrant County, Texas. Each party waives any claims of forum nonconveniens Page 298 of 305 4929-3382-4005, v. 3 thereto. This Agreement and any Proposal executed between the parties that references this Agreement constitute the entire agreement between Client and TECHNOLOGY LAB. This agreement can only be modified by a signed written addendum by both parties or an executed proposal. In the event of conflict between the terms of the executed Proposal and this Agreement, the Proposal shall control. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. If any part, term or provision of this Agreement is held to be illegal or unenforceable neither the validity nor enforceability of the remainder of this Agreement shall be affected. If a dispute arises out of or relates to this contract, or the alleged breach thereof, and if the dispute is not settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation within 30 days administered by a Rule 31 mediator before resorting to litigation, or some other dispute resolution procedure. In the event that parties are unable to agree on a mediator, each party shall name a mediator and those appointed mediators shall agree on a mediator. The process shall be confidential based on terms acceptable to the mediator and/or mediation service provider. EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. e) Mutual Agreement. The language used in this Agreement shall be deemed to be the language chosen by the parties to express their mutual agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in the construction nor interpretation of this Agreement. f) Independent Contractor. The Parties acknowledge and agree that Services performed by Technology Lab, its employees, agents or sub-contractors shall be as an independent contractor and that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the parties. g) Costs of Collection. If any collection action, litigated or otherwise, is necessary to enforce the terms of this agreement, TECHNOLOGY LAB shall be entitled to reasonable attorneys’ fees and costs in addition to any other relief to which it may be entitled. h) If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. i) Force Majeure. TECHNOLOGY LAB is not responsible for failure to render services due to circumstances beyond its control including, but not limited to, acts of God. j) Assignment. This Agreement shall not be assignable, whether by operation of law or otherwise, by either Party without the prior written consent of the other Party in each instance. k) Felony Criminal Convictions. TECHNOLOGY LAB represents and warrants that TECHNOLOGY LAB has not and TECHNOLOGY LAB’s employees, agents or representatives have not been convicted of a felony criminal offense, or that, if such a conviction has occurred, TECHNOLOGY LAB has fully advised Client as to the facts and circumstances surrounding the conviction. Failure to give notice could result in the termination of this Agreement for cause. l) Equal Treatment of All Persons. Consistent with Article I, Section 3a of the Texas Constitution, the Fourteenth Amendment to the United States Constitution, federal and State law, and Executive Order No. GA-55, TECHNOLOGY LAB represents and warrants that: (a) All conduct under this Agreement shall be administered and performed in a neutral manner without regard to race of persons; (b) TECHNOLOGY LAB shall not, in the specific performance of this Agreement, elevate one individual person over another, or advantage any one person over another, due to race; (c) TECHNOLOGY LAB shall not, in the specific performance of this Agreement, employ practices or engage in any advancement of the programs known as diversity, equity and inclusion, critical race theory, affirmative action, or other similar, divisive agendas; (d) TECHNOLOGY LAB’s staff, agents, and subcontractors that are selected and employed in the specific performance of this Agreement shall be selected and employed solely on merit and the ability to perform; and (e) TECHNOLOGY LAB shall ensure that any subcontractors participating in the specific performance of this Agreement represent and warrant to the provisions of this Paragraph. m) Entities that Boycott Israel. TECHNOLOGY LAB represents and warrants that: (a) it does not, and shall not for the duration of the Agreement, boycott Israel or (b) the verification required by Section 2271.002 of the Texas Government Code does not apply to the Agreement. If circumstances relevant to this provision Page 299 of 305 4929-3382-4005, v. 3 change during the course of the Agreement, TECHNOLOGY LAB shall promptly notify Client. n) Energy Company Boycotts: TECHNOLOGY LAB represents and warrants that: (a) it does not, and will not for the duration of the Agreement, boycott energy companies or (b) the verification required by Section 2276.002 of the Texas Government Code does not apply to the Agreement. If circumstances relevant to this provision change during the course of the Agreement, TECHNOLOGY LAB shall promptly notify Client. o) Firearm Entities and Trade Associations Discrimination: TECHNOLOGY LAB verifies that: (1) it does not, and will not for the duration of the Agreement, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the Agreement. If circumstances relevant to this provision change during the course of the Agreement, TECHNOLOGY LAB shall promptly notify ESC Client. p) Companies Engaged in Business with Iran, Sudan, or a Foreign Terrorist Organization. In accordance with Texas Government Code, Chapter 2252, Subchapter F, Client is prohibited from entering into a contract with a company that is identified on a list prepared and maintained by the Texas Comptroller or the State Pension Review Board under Texas Government Code Sections 806.051, 807.051, or 2252.153. By execution of this Agreement, TECHNOLOGY LAB certifies to Client that it is not a listed company under any of those Texas Government Code provisions. TECHNOLOGY LAB hereby voluntarily and knowingly acknowledges and agrees that this Agreement shall be null and void should facts arise leading Client to believe that TECHNOLOGY LAB was a listed company at the time of this Agreement. 14. ACCEPTANCE OF AGREEMENT This Agreement covers the Proposal and Services accepted and agreed to by You upon execution of the Proposal, as may be modified in writing and agreed to by the parties, which may result in an adjustment to the Your monthly charges. Should You wish to acquire additional equipment or services and want Us to provide service, Our prior written approval must be obtained. Page 300 of 305 4929-3382-4005, v. 3 TECHNOLOGY LAB MASTER SERVICES AGREEMENT Appendix A MANAGED SERVICES RESPONSE AND RESOLUTION TIME The following table shows the targets of response and resolution times for each priority level. PRIORITY RESPONSE TIME (IN BUSINESS HRS.) RESOLUTION TIME (IN BUSINESS HRS.) ESCALATION THRESHOLD (IN BUSINESS HRS.) REPORTED TROUBLE Service not available (All users and functions unavailable.) 1 Within 2 Hours ASAP - Best Effort 4 Hours Significant degradation of service (Large number of users or Business Critical Functions affected.) 2 Within 4 Hours ASAP - Best Effort 8 Hours Limited degradation of service (Limited number of users or functions affected, Business Process can continue.) 3 Within 24 Hours ASAP - Best Effort 48 Hours Small service degradation (Business Process can continue, one user affected.) 4 Within 48 Hours ASAP - Best Effort 96 Hours Please note: All work done after hours is done at "Best Effort" to find a solution. SUPPORT TIERS The following table details and describes our Support Tier Levels. SUPPORT TIER DESCRIPTION OF SUPPORT ESCALATION Tier 1 Support All support incidents begin in Tier 1, where the initial trouble ticket is created; the issue is identified and clearly documented, and basic hardware/software troubleshooting is initiated. Tier 2 Support All support incidents that cannot be resolved with Tier 1 Support are escalated to Tier 2, where more complex support on hardware/software issues can be provided by more experienced Engineers. Tier 3 Support Support Incidents that cannot be resolved by Tier 2 Support are escalated to Tier 3, where support is provided by the most qualified and experienced Engineers who have the ability Page 301 of 305 4929-3382-4005, v. 3 Description of Managed Services GENERAL DESCRIPTION FREQUENCY INCLUDED Hardware and Software Changes Documented As needed YES Quarterly Technology Business Reviews Quarterly YES SERVERS Manage Servers Ongoing YES Server Monitoring and Crucial Services Alerting Ongoing YES Monitor Event Log for potential issues Ongoing YES Monitor Hard Drive free space on Server(s) Ongoing YES Monitor Server Resources Ongoing YES Manage Group Policy As needed YES Reboot Servers if needed As needed YES After Hours Server Maintenance As needed NO Management of Network Users, Email Accounts & Security/Email Distribution Groups As needed YES Perform Microsoft Updates as per company policy Ongoing YES Install Approved Line of Business Application Updates As needed YES DISASTER RECOVERY Monitor Backup Status Ongoing YES Manage Automated Offsite Backups Ongoing YES Perform Disaster Virtualization Ongoing YES DEVICES Manage Desktops & Laptops Ongoing YES NETWORKS Performance Monitoring/Capacity Planning Ongoing YES Monitor Network Switches and Internet Connectivity Ongoing YES SECURITY Check Firewall Logs Ongoing YES to collaborate with 3rd Party (Vendors) Support Engineers to resolve the most complex issues. Page 302 of 305 4929-3382-4005, v. 3 Manage Security Services on the Firewall Ongoing YES Manage Client Provided Content Filtering Policy Ongoing YES Manage Client Provided VPN Policy Ongoing YES Monitor Anti-Virus Agent Ongoing YES Set up new users including login restrictions, passwords, security, applications Ongoing YES Set up and change security for users and applications Ongoing YES Monitor for unusual activity among users Ongoing YES PROFESSIONAL SERVICES 8x5 Help Desk Phone Support Ongoing YES Remote Screen Sharing Desktop Assistance Ongoing YES Onsite Field Support & Implementation Ongoing YES Technology Strategy Services Ongoing YES Annual Telco Audit Ongoing YES SUMMER SERVICES POST-SCHOOL-YEAR SERVICES Chromebook power wash, update, and triage As needed YES PC laptop wipe, reimage, and triage As needed YES Mac laptop wipe, reimage, and triage As needed YES PRE-SCHOOL-YEAR SERVICES Pre-School-Start Room Checkup (repair costs not included): projector testing, adjusting, aligning, and cleaning; projector bulb life check and replacement (bulbs charged separate); HDMI wall port check; Chromecast check; Smartboard check; Wi-Fi check; Ethernet wall port(s) check As needed YES Computer Cart rewire (chargers and cart assembly not included) As needed NO SERVICE RATES LABOR SERVICE RATE Network Monitoring: 24 hours a day, 7 days a week INCLUDED Help Desk: 8:00am to 5:00pm – Monday - Friday INCLUDED Remote Network Management: 8:00am to 5:00pm – Monday - Friday INCLUDED Onsite Labor: 8:00am to 5:00pm – Monday - Friday INCLUDED Total Site Outage Monitoring: (After Hours) - 24 Hours a Day, 7 Days a Week INCLUDED LABOR SERVICE (AFTER BUSINESS HOURS) RATE Remote Network Management: 5:01pm - 9:00pm – Monday - Friday $150/hr. Onsite Labor: 5:01pm - 9:00pm Monday - Friday (2 Hour Minimum) $200/hr. Page 303 of 305 4929-3382-4005, v. 3 LABOR SERVICE (ALL OTHER TIMES) RATE Remote Labor - ALL OTHER TIMES $250/hr. Onsite Labor - ALL OTHER TIMES $250/hr. TECHNOLOGY LAB MASTER SERVICES AGREEMENT Appendix B.1 ADDITIONAL SERVICES OFFERED BY TECHNOLOGY LAB OUTSIDE THE SCOPE OF THE MASTER SERVICES AGREEMENT The services on this Appendix B.1 (“Additional Services”) are each considered a Project and subject to adjustment from time to time. Any additional services that are not listed will be considered a project. All Projects will be quoted and billed as separate agreements at the rates included in the then current published fee schedule and according to the terms and conditions to be agreed upon by the Parties. Upon completion of the Project, if the Project work leads to an ongoing monthly service or maintenance, then such work shall be performed under the terms of the Master Services Agreement, to which this Appendix B.1 is attached, and billing will begin effective immediately. ADDITIONAL SERVICES INITIAL SETUP SERVICES* Chromebook White-Glove Setup New PC and Mac Setup Computer Cart Setup Projector Setup Smartboard Setup PROJECTS Server Migration Email Migration Network Configuration and Installation Cabling Network Closet Cleanup Smart Boards / Projectors Move and Setup Inventory and Asset Tagging Setup (Ongoing management is Your responsibility) Inventory Audit Moving and relocation of technology E-Discovery Page 304 of 305 4929-3382-4005, v. 3 *Any setup services provided for any PCs or Macs not procured through Technology Lab are subject to an additional service fee. TECHNOLOGY LAB MASTER SERVICES AGREEMENT Appendix B.2 SERVICES NOT OFFERED AT ANY TIME BY TECHNOLOGY LAB SERVICES NOT OFFERED Management of Student Account and Student Roster (Managing SIS) Management of Asset Management System Device Distribution Management of Inventory Page 305 of 305