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