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Item 4GCITY OF SOUTHLAKE MEMORANDUM October 27, 2015 To: Shana Yelverton, City Manager From: Michael Starr, Fire Chief Subject: Item 4G, Southlake DPS Citizens Academy Agreement Action Requested: Approval of the agreement between the City of Southlake and the Southlake DPS Citizens Association (SDCA) Background Information: The purpose of this item is to seek Council approval of an agreement between the City of Southlake Departments of Public Safety and SDCA. SDCA is composed of Southlake volunteers that have completed the DPS Citizens Academy and provides organic leadership to the DPS volunteer groups including Mounted Patrol, Citizens on Patrol, Volunteers in Police Service, and Fire Rehab. In addition to leadership, SDCA has organized as a 501.c3 organization and works to acquire donations to further support the DPS volunteer groups. In order to continue to foster the positive relationship between the City of Southlake and SDCA, the following changes have been made to the agreement between the City of Southlake and SDCA: • The agreement was last updated in 2009 and had language that was no longer relevant or accurate including references to Safety Town. • It clarifies the roles, responsibilities, relationship and expectations of both SDCA and the City of Southlake. • CERT has been removed from the SDCA agreement since it is not part of the DPS Citizens Academy volunteer umbrella. Financial Considerations: None. Financial Impact: None. Citizen Input: SDCA is a citizen -driven program and they have provided input on updating the agreement. Legal Review: The SDCA agreement was reviewed and approved by the City's attorney. Supporting Documents: Agreement for Departments of Public Safety between City of Southlake and the Southlake DPS Citizens Association. Staff Recommendation: Approval of Agreement for Departments of Public Safety between City of Southlake and the Southlake DPS Citizens Association. AGREEMENT FOR DEPARTMENTS OF PUBLIC SAFETY BETWEEN CITY OF SOUTHLAKE AND THE SOUTHLAKE DPS CITIZENS ASSOCIATION STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is entered into by and between the City of Southlake, Texas, a home rule municipal corporation located in Tarrant County and Denton County, Texas acting by and through its duly authorized Mayor (hereinafter referred to as "City"), and the Southlake DPS Citizens Association ("SDCA"), a nonprofit organization) operating in the City of Southlake acting by and through its duly authorized President. WHEREAS, the purpose of the SDCA is to provide support for the Southlake Departments of Public Safety; and WHEREAS, the SDCA provides on-going support of DPS personnel and services through their Fire Rehabilitation Group, Citizens on Patrol, Volunteers in Police Services, and Mounted Patrol. NOW, THEREFORE, City and SDCA do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES SDCA shall provide to the City - Fire Rehabilitation, Citizens on Patrol, Volunteers in Police Services, and Mounted Patrol group volunteers consisting of an adequate number of SDCA members available for response to emergency scenes and training events when contacted by the relevant Southlake Departments of Public Safety. Those members operating the Fire Rehab vehicle (paragraph 3.5 below) must be trained and sanctioned by the Fire Chief or his designee. Those members operating the Citizens on Patrol vehicle (paragraph 3.6 below) must be trained and sanctioned by the Chief of Police or his designee. SDCA shall not exercise any command or control over volunteers in the act of volunteering. The City through the Departments of Public Safety will maintain that function. SECTION 2 SDCA FUNCTIONS 1) The SDCA Board of Directors shall meet in accordance with its by-laws. The time, date, place, and agenda of these meetings shall be solely defined by the SDCA. The City shall be apprised of all SDCA board meetings. 2) The SDCA shall operate in accordance with its own approved by-laws. Page 1 of 5 3) The City shall have the right to review the books and records kept incident to the services provided by the SDCA to the City, if any. 4) The SDCA board shall designate a SDCA member or board member to perform as the official point of contact for any communications with the City and direct this representative to focus their communications with the City to a corresponding point of contact (person) designated by the City for this purpose. The two so named shall act to funnel, distribute, and administer the movement of information between the two organizations. 5) SDCA members other than board members, or the above -designated representative, shall not represent the SDCA in meetings with the City. SECTION 3 CITY FUNCTIONS 1) The City shall provide staff assistance, advice, and technical expertise where feasible to aid the SDCA. The nature, extent, and duration of such assistance shall be defined by the City and be agreed to by the SDCA. 2) The City shall provide a meeting space for the SDCA Board of Directors meetings as requested by the SDCA. 3) The City may post SDCA material on the City's website, including items for promotion and awareness, meeting dates and times, request for assistance, and similar notices as well as link(s) to SDCA related web sites. The material submitted for posting shall be in a format suitable for inclusion with minimal editing, formatting, and layout required. 4) The City shall designate an individual(s) to perform as the official point of contact for any communication with the SDCA and direct this representative to focus their official communications with the SDCA to the corresponding point of contact (person) designated by the SDCA for this purpose. The two so named shall act to funnel, distribute, and administer the movement of information between the two organizations. 5) The Southlake Departments of Public Safety, at its discretion and assuming availability, will provide a retired ambulance to the SDCA Fire Rehabilitation group for use as a rehab vehicle at emergency scenes and training events requiring fire rehab support function. 6) The Southlake Departments of Public Safety, at its discretion and assuming availability, will provide a retired police patrol vehicle to the SDCA Citizens on Patrol (COPS) group for use providing community patrol services and support functions. 7) The City will hold title to and will provide insurance for the Fire Rehab Vehicle and the Citizens on Patrol vehicle covering qualified SDCA COPS and Fire Rehab drivers. The City will be responsible for all maintenance costs, including fuel to the Fire Rehabilitation vehicle and Citizens on Patrol vehicle. The Fire Rehab vehicle and Citizens on Patrol vehicle contents and supplies will be furnished by the City. 8) The City will provide necessary equipment and safety gear to support the requested services from SDCA. Page 2 of 5 9) To the extent permitted by law and except as provided in Section 8, the City will indemnify SDCA and its members in performance of requested services. 10)The City shall provide uniform and equipment deemed necessary for members of all DPS volunteer groups to perform their volunteer role. All uniforms and equipment must have the approval of the Fire Chief and Police Chief or their designee. 11)In addition to general liability coverage, the City shall keep and maintain insurance coverage as may be required by Chapter 614, Texas Gov't Code, for each volunteer police force member and any other person assigned by the City to perform, without compensation, any duties typically performed by a peace officer. SECTION 4 PAYMENT OF SERVICES The CITY and the SDCA agree that the services provided by the other represent an approximately equal value and, as such, there are no cash payments or other additional consideration due to the other party. SECTION 5 TERMS OF AGREEMENT 1) The initial term of this Agreement shall be for a period of one (1) year beginning October 1, 2015, and ending September 30, 2016. Upon expiration of the initial term, this Agreement shall automatically renew and continue to renew for additional one (1) year terms unless terminated in writing by either party pursuant to paragraph 5.2 below. 2) Either party may terminate this Agreement at any time after 90 days written notice to the other party. SECTION 6 INDEPENDENT CONTRACTOR In performing the services hereunder, SDCA is acting as an independent contractor, and shall not be deemed an employee, agent, servant, or partner of the City. Neither party shall have the authority to make binding representations or agreements on behalf of the other. Neither party shall receive or be entitled to any employee benefits. For all purposes hereunder, it is mutually agreed and understood that nothing contained herein shall be deemed or construed to constitute a partnership or joint venture between or among SDCA and/or City. This Section does not prevent individual volunteers from being eligible for worker's compensation if allowed by the City's "Worker's Compensation Declarations Page," or from other coverage available under the City's general liability policy. SECTION 7 NO WAIVER OF GOVERNMENTAL IMMUNITY Page 3 of 5 Notwithstanding any provision of this Agreement to the contrary, nothing contained in this Agreement shall be construed to limit or waive any governmental or sovereign immunity of the City, or any immunity applicable to its officers, agents, servants or employees. SECTION 8 OPERATION OF VEHICLES PROVIDED BY CITY The SDCA agrees that all SDCA COPS and Fire Rehab operators and all passengers of the Fire Rehab vehicle and the Citizens on Patrol vehicle shall comply with all state and local laws governing the operation and use of a motor vehicle, including safety belt and hand-held mobile device laws. All SDCA members must complete the City of Southlake Volunteer Background Check Form. SDCA agrees to release, defend, indemnify, and hold harmless the City for any claim or legal action, related to, or alleged to be related to, arising out of or made in connection with the grossly negligent or illegal operation or use of a City vehicle by an SDCA COP or Fire Rehab driver. SECTION 9 MISCELLANEOUS The misspelling of one or more words in this Agreement shall not void this Agreement. Such misspelled words shall be read so as to have the meaning apparently intended by the parties. The obligations and undertakings of each of the parties to this Agreement shall be performable in the City of Southlake, Tarrant County and Denton County, Texas. This Agreement is governed by the laws of the State of Texas, and venue and jurisdiction for any action brought under this Agreement shall be in Tarrant or Denton County, Texas. This Agreement constitutes the entire agreement between the City and SDCA, and all negotiations and all understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a dated written document executed by the duly authorized representatives of both SDCA and the City. SDCA shall not assign or transfer any right or interest in the Agreement, in whole or in part, without prior written approval of the City. This Agreement shall bind, and the benefits thereof shall inure to the respective parties hereto, their legal representative, executors, administrators, successors, and assigns. Page 4 of 5 IN WITNESS WHEREOF the City and the SDCA have executed this Agreement as of this day of 20 Approved as to legal form Attorney at Law Mayor Laura Hill, City of Southlake President Patti Brayton, Southlake DPS Citizens Association Page 5 of 5