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Item 4D MemoCITY OF SOUTHLAKE MEMORANDUM March 20, 2018 To: Shana Yelverton, City Manager From: James Brandon, Police Chief Subject: Item 4D, Amendment to an Interlocal Agreement for Combined Jail and Public Safety Dispatching Action Requested: Council approval of an amendment to an interlocal Citizen Input: N/A Legal Review: Reviewed and revised by City Attorney. Alternatives: Council may approve or deny the amendment. agreement for combined public safety dispatching and jail services for the cities of Keller, Southlake, and Colleyville. Background Information: This item is an amendment to an existing interlocal agreement that was first established in 2010. The agreement for combined jail and public safety dispatching services provided for a term of six years, with two five year auto renewals. Cost is adjusted each year based on the participating agency's usage and Keller's capital and operating costs. This amendment creates performance measures relating to the accuracy of the reporting data that we receive from Keller, and also creates one central municipal judge for probable cause hearings, prisoner magistration when necessary, and jail operations for all partner cities. Financial Considerations: Funding for this service is accounted for in the DPS support budget. After receiving Keller's final cost estimate, this item will exceed the budgeted amount by $12,500. This amount will be absorbed into existing public safety budgets for a net general fund budget effect of zero. Financial Impact: This item will exceed the budget by $12,500, but will be absorbed within existing public safety budgets for a net effect of zero. Citizen Input: N/A Legal Review: Reviewed and revised by City Attorney. Alternatives: Council may approve or deny the amendment. Supportinq Documents: Original interlocal agreement and proposed amendment. Staff Recommendation: Approve an amendment to an existing interlocal agreement for combined jail and public safety dispatching services for Keller, Southlake, and Colleyville. March 20, 2018 City of Southlake 600 State Street Southlake, TX 76092 Attn: Police Chief James Brandon Re: First Renewal Tenn for Combined Public Safety Dispatching and Jail Services for the Cities of Keller, Southlake, and Colleyville. Contract No. 10-77 Pursuant to the stated terms in Contract No. 10-77, the Interlocal Agreement for Combined Public Safety Dispatching and Jail Services for the Cities of Keller, Southlake, and Colleyville (hereinafter referred to as the "Interlocal Agreement") the partner cities have the option to renew the Interlocal Agreement for an additional (5) year period, known as the First Renewal Term, by mutual consent of all parties. If you agree to this renewal the following will apply: Renewal period: October 1, 2016 through September 30, 2021 All services, obligations, payments for services performed, terms for cancellation, notices, dispute resolution, and venue originally agreed to by the City of Keller, City of Southlake, and City of Colleyville as detailed in the Interlocal Agreement for Combined Public Safety Dispatching and Jail Services, Contract No. 10-77, will remain in effect for the duration of this renewal period. In addition, the following additions are made to the Interlocal Agreement: The City of Keller agrees to add the following Performance Measures as Subsection i to Section 3 "Scope of Services to be provided by Keller" of the Interlocal Agreement: • Keller will ensure proper and consistent data entry of information including accurate spelling of defendant names into the Crimes Jail Management System. • Keller will ensure that the Judge and/or Magistrate's name and signature are included on the non-cash paperwork submitted to the City of Southlake. • Keller will provide a report on how data entry issues were addressed within 10 business days of the quarterly reporting provided by the City of Southlake. The report will include changes to process to mitigate future errors, coaching and counselling, and corrective action taken against employees. (Data entry issues that occur during the overlap of quarterly reporting and the 15 business day response period will not be addressed.) • Keller will ensure that customized reporting remains consistent following Crimes system upgrades. If changes are made to reporting structure, Crimes will be notified within 3 business days to correct. (Relates to system driven notations or changes.) • Keller will ensure that employees entering data into the Crimes Jail Management System are instructed semi-annually on the entering of data and that the correct officer from the respective agency is associated with the correct record. • As partner cities are added to the Regional Jail and Dispatch program, Keller will ensure the new city is promptly added to the Crimes database to ensure accuracy of information. The City of Keller agrees to add the following as Subsection j to Section 3. "Scope of Services to be provided by KELLER" of the Interlocal Agreement: KELLER agrees to hire and retain a Municipal Judge to serve as a magistrate for all prisoners delivered to the KELLER Police Department Jail facility by the Parties to this Agreement. KELLER will ensure that magistrate services are provided in accordance with state and federal law. The City of Southlake agrees to add the following as Subsection g to Section 4 "Southlake Obligations" of the Interlocal Agreement: • Southlake will provide quarterly feedback concerning data entry errors within 15 business days of a quarters end. • Southlake will ensure that the employees entering data into the Crimes Jail Management System are instructed semi-annually on the entering of data and that the correct officer from the respective agency is associated with the correct record. The City of Southlake agrees to add the following as Subsection h to Section 4. "SOUTHLAKE obligations" of the Interlocal Agreement: Beginning October 1, 2017, pay the sum of Twelve Thousand Dollars ($12,000) annually to KELLER as a magistrate fee for SOUTHLAKE prisoners brought to the KELLER Police Department Jail facility. Such payment shall be made in four equal quarterly installments paid to KELLER within thirty (30) days of receipt of an invoice from KELLER for the quarterly payment. Finally, the parties agree that during this First Renewal Term, the City of Keller will work with the City of Southlake and City of Colleyville to assess the CRIMES CAD/RMS/JMS system, along with other similar systems in the market, to determine the best fit for Regional Public Safety needs and partner city applications. Please check one of the following: Yes, City of Southlake agrees to the First Renewal Term for Contract No. 10-77. No, City of Southlake does not agree to the First Renewal Term for Contract No. 10-77. Please sign and submit to the following: City of Keller Michael Wilson, Chief of Police P.O. BOX 770 Keller, TX 76244 Sincerely Yours, Shana Yelverton, City Manager Date Printed Name Michael Wilson Chief of Police Mark Hafner, City Manager Date Printed Name OFFICIAL RECORD INTERLOCAL AGREEMENT FOR COMBINED PUBLIC SAFETY DISPATCHING AND JAIL SERVICES FOR THE CITIES OF KELLER, SOUTHLAKE AND COLLEYVILLE THE STATE OF TEXAS X1 11.101 WkII II L-ra;7\i;ILI THIS ("AGREEMENT"), is made and entered into by the CITY OF KELLER, TEXAS, a Home Rule municipal corporation, ("KELLER"), the CITY OF SOUTHLAKE, TEXAS a Home Rule municipal corporation, ("SOUTHLAKE"), and the CITY OF COLLEYVILLE, TEXAS a Home Rule municipal corporation, ("COLLEYVILLE") each acting by and through its duly appointed and authorized city managers: WITNESETH: WHEREAS, KELLER AND SOUTHLAKE entered into an Interlocal Agreement to combine public safety dispatching ("Dispatching") and jail services ("Jail Services") back on September 5'h, 2006, for an initial period of ten (10) years with an option for two successive five (5) year terns; and WHEREAS, KELLER AND SOUTHLAKE have been operating continuously under the Interlocal Agreement; and WHEREAS, COLLEYVILLE is desirous of joining the agreement by combining public safety dispatching ("Dispatching") and jail services ("Jail Services") with KELLER and SOUTHLAKE to provide their residents and businesses with a more effective and efficient delivery of these key public safety services; and WHEREAS, KELLER has the facilities available to perform the Dispatching and Jail Services for the three cities; and WHEREAS, KELLER, SOUTHLAKE, and COLLEYVILLE desire to enter into this Agreement to combine Dispatching and Jail Services to deliver these key public safety services at the highest level possible for both communities in accordance with the terms and conditions set forth herein; and WHEREAS, this Agreement amends and replaces the Interlocal Agreement upon the effective date of this Agreement; and WHEREAS, all payments for Dispatching and Jail Services to be made hereunder shall be made from current revenues available to the paying party; and WHEREAS, KELLER, SOUTHLAKE and COLLEYVILLE have concluded that this Agreement fairly compensates the performing party for the Dispatching and Jail Services being provided hereunder; and WHEREAS, KELLER, SOUTHLAKE and COLLEYVILLE believe that this Agreement is in the best interests of KELLER, SOUTHLAKE and COLLEYVILLE; and WHEREAS, this Agreement is approved by the governing bodies of KELLER, SOUTHLAKE and COLLEYVILLE; and WHEREAS, this Agreement is authorized by and in conformance with Chapter 791 of the Texas Government Code, the Interlocal Cooperation Act (the "Act"). NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND CONSIDERATION PROVIDED FOR HEREIN, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY CONFIRMED, KELLER, SOUTHLAKE AND COLLEYVILLE HEREBY AGREE TO THE FOLLOWING: Section 1. All matters stated above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. Term. This Agreement shall be for an initial term of six (6) years commencing on October 1, 2010, and ending September 30, 2016, (the "Initial Term") and may be extended thereafter by mutual consent of the parties hereto and for two successive five (5) year terms. (The renewal terms shall be referred to as the "First Renewal Term" and "Second Renewal Term", respectively) Section 3. Scope of Services to be provided by KELLER. KELLER hereby agrees to provide SOUTHLAKE and COLLEYVILLE the following equipment, services, personnel, and facilities: a. Commencing October 1, 2010, KELLER will provide Jail Services at the KELLER Police Department. The KELLER Municipal Judge will work with the SOUTHLAKE and COLLEYVILLE Municipal Judges in establishing a mutually agreeable daily arraignment protocol of SOUTHLAKE and COLLEYVILLE prisoners. KELLER will provide the necessary detention officers and other employees to properly supervise and operate KELLER'S jail facility. SOUTHLAKE and COLLEYVILLE prisoners shall be released in accordance with specific written procedures agreed upon by KELLER, SOUTHLAKE and COLLEYVILLE. Jail Services shall include at a minimum the following: 1. accepting full responsibility for the custodial care of all persons taken into custody by SOUTHLAKE and COLLEYVILLE and delivered to the KELLER Police Department jail facility; 2. providing necessary all booking services when accepting prisoners to the facility; 3. providing SOUTHLAKE and COLLEYVILLE with full access to inmates for the purpose of conducting interviews or interrogations, in accordance with reasonable regulations established by KELLER; 4. making available all prisoners whose presence is requested or ordered by a court of competent jurisdiction; 5. releasing prisoners for investigative purposes outside the jail facility when such requests are authorized by a duly authorized SOUT14LAKE and COLLEYVILLE official; 6. maintaining a log and other applicable records of these and all other significant events related to SOUTHLAKE and COLLEYVILLE prisoners. 7. maintaining a service level that complies with all applicable standards for the jail function as required presently and in the future by the Commission on Accreditation for Law Enforcement Agencies, Inc., by maintaining accreditation status throughout the period of this agreement. b. On October 1, 2010, KELLER, SOUTHLAKE and COLLEYVILLE will merge Public Safety Dispatching Services for police, fire and emergency medical service ("EMS") services for KELLER, SOUTHLAKE AND COLLEYVILLE, at the KELLER Police Department, and KELLER shall provide all such Dispatching Services for SOUTHLAKE and COLLEYVILLE. The Dispatching personnel will be KELLER employees and will be under the supervision and control of the KELLER Chief of Police or his authorized designee. For identification purposes the KELLER Police Department Dispatch Center will be identified as the Keller/Southlake/Colleyville Emergency Communications Center. KELLER shall at all times maintain sufficient staff to perform the Dispatching Services it provides under this agreement. Dispatching Services shall mean all public communication functions necessary for the provision by SOUTHLAKE and COLLEYVILLE of police, fire, and emergency medical services to SOUTHLAKE's and COLLEYVILLE'S citizens, and shall include at a minimum the following: 1. answering all SOUTHLAKE and COLLEYVILLE emergency 9- I -I calls within ten seconds or less; 2. dispatches emergency calls for Fire/EMS service in one minute or less 90% of the time; 3. dispatching emergency calls for Police Service in one and a half minutes or less 90% of the time; 4. providing a dedicated person assigned as a Fire Dispatcher; 5. answering any citizen requests for service placed to the designated non -emergency number; 6. dispatching police patrol units, fire apparatus, or EMS as appropriate in response to 9-1-1 or other calls, or at SOUTHLAKE's and COLLEYVILLE's direction; 7. maintaining radio or other remote communications with SOUTHLAKE's and COLLEYVILLE's police, fire, or EMS units as necessary to facilitate provision of services; 8. maintaining documentary records according to industry standard of all dispatching activity. 9. maintaining a service level that complies with all applicable standards for the communications function as required presently and in the future by the Commission on Accreditation for Law Enforcement Agencies, Inc., by maintaining accreditation status throughout the period of this agreement. C. KELLER shall make a conditional offer of employment to not less than four (4) public safety dispatchers currently employed by the Colleyville Police Department on or before September 1, 2010, for employment with KELLER to become effective on the merger date of October 1, 2010, contingent upon the COLLEYVILLE dispatch employees passing a KELLER pre-employment drug screen. One position will be for the new Detention Officer position, and one newly created dispatcher position due to the merger. The other two dispatcher positions are current vacancies. KELLER shall place the COLLEYVILLE dispatchers on the KELLER dispatch pay scale at the amount closest to their current hourly base rate at COLLEYVILLE. The dispatcher who elected to be a jailer will be placed on the appropriate step of the Detention Officer pay scale closest to his current pay at COLLEYVILLE. Upon employment by KELLER, COLLEYVILLE Public Safety dispatchers will receive the same employment benefits provided to KELLER employees at a comparable pay scale. An annual $4,000 regional dispatcher stipend will be paid on a bi-weekly interval in addition to the KELLER dispatcher pay scale to all of the employees assigned to the communications center. This will insure an initial pay increase for all Colleyville dispatchers who accept a position in KELLER. The COLLEYVILLE dispatcher electing the position as the Detention Officer will receive an annual $2,500 regional stipend paid bi-weekly in addition to the pay step on the KELLER Detention Officer pay scale. All of the Detention Officers will receive the regional stipend as long as this Agreement is in force. d. KELLER shall provide SOUTHLAKE and COLLEYVILLE monthly service reports detailing prisoner counts and dispatching performance measures including the number of calls for service, response times, number of 911 emergency calls dispatched, and any other statistical reports requested by SOUTHLAKE and COLLEYVILLE capable of being provided by the CRIMES records management program. e. All Human Resource services necessary for the recruitment, screening, employment, and training of all personnel required to provide Jail Services and Dispatching to SOUTHLAKE and COLLEYVILLE, including providing all employee polices and procedures and the administration thereof shall be provided by KELLER. KELLER shall provide access to SOUTHLAKE'S and COLLEYVILLE'S warrant information retained at the communications center to the SOUTHLAKE Department of Public Safety, SOUTHLAKE Municipal Court, COLLEYVILLE Police Department, COLLEYVILLE Municipal Court, and all other law enforcement agencies. g. KELLER will form a standing committee consisting of three (3) SOUTHLAKE Department of Public Safety employees selected by the Director of the SOUTHLAKE Department of Public Safety, three (3) KELLER employees selected by the KELLER Chief of Police, and three (3) COLLEYVILLE employees to address operational and policy decisions that will arise from operating the public safety dispatch center and Jail. Supervisors from SOUTHLAKE and COLLEYVILLE will be invited to attend all staff meetings called by the Dispatch Manager or Jail Supervisors. h. KELLER agrees to perform all services under this agreement in a good and workmanlike manner, and in accordance with all applicable laws and regulations. Section 4. SOUTHLAKE Obligations. SOUTHLAKE agrees to perform the following: a. Pay the sum of One Hundred and Twenty -Four Thousand, One Hundred and Twenty- Four Dollars ($124,121.00) to KELLER for Jail Services for the Fiscal Year 2010/11 beginning on October 1, 2010 and ending on September 30, 2011. The amount of charges to be established based on the adopted Fiscal Year 2010/11 KELLER Police Department Operating budget to operate the KELLER jail. This payment represents a 28% cost share of all Jail Services by SOUTHLAKE based on the previous calendar year prisoner count of SOUTHLAKE arrests (See payment schedule, Section 6.) b. Pay the sum of Seven Hundred and Twenty -Two Thousand, Forty -Eight Dollars ($722,048.00) to KELLER for their share of expenses to operate the public safety dispatching center; representing a 42% cost share calculated by using KELLER'S Fiscal Year 2010/11 Budgeted Expenses. (See payment schedule, Section 6.) C. Pay the sum of Fifty Thousand, Dollars ($50,000.00) for General and Administrative Charges based on KELLER'S operating budget for Fiscal Year 2010/11. (Payment percentages described in Exhibit "A" shall remain the same for the duration of this agreement.) d. SOUTHLAKE will continue as a member of the Northeast Tarrant County Radio Consortium and pay the required member fees, including the radio maintenance fees for radio control stations within SOUTHLAKE and all mobile and hand-held radios assigned to the employees of SOUTHLAKE. The fees for the maintenance agreement for the radio equipment within the public safety dispatch center will be the responsibility of KELLER and will be part of the annual budget operating costs subject to cost sharing agreement for dispatching services as stated in Exhibit "A". e. Agree to utilize the CRIMES Records Management System to be compatible with the CRIMES Computer Aided Dispatch System that will be used by the public safety dispatching center. SOUTHLAKE will be responsible for the purchase and maintenance of all computer workstations at SOUTHLAKE facilities and their own police and fire vehicles or other Public Safety Emergency equipment. SOUTHLAKE will maintain their own Public Safety records unit at a Southlake facility and be responsible for all law enforcement and fire reporting requirements to State and Federal agencies. SOUTHLAKE will also be responsible for SOUTHLAKE'S record dissemination responsibilities to the public, except direct inquiries from the public regarding a jail or public safety dispatching incident. f. Arrange for the timely delivery of all the required paperwork to properly hold and arraign SOUTHLAKE prisoners. SOUTHLAKE Department of Public Safety will be responsible for the transportation of all SOUTHLAKE prisoners to KELLER'S jail facility. Should the need arise for an in -custody transportation for emergency medical treatment of a SOUTHLAKE prisoner housed at the KELLER jail, a KELLER police officer shall provide security for up to two hours until a SOUTHLAKE police officer can respond to the medical facility to assume custody. Section 5. COLLEYVILLE Obligations. COLLEYVILLE agrees to perforin the following: a. Pay the sum of Ninety -Nine Thousand, Two Hundred and Ninety -Seven Dollars ($99,297) to KELLER for Jail Services for the Fiscal Year 2010/11 beginning on October 1, 2010 and ending on September 30, 2011. The amount of charges to be established based on the adopted Fiscal Year 2010/11 KELLER Police Department Operating budget to operate the KELLER jail. This payment represents a 24% cost share of all Jail Services by COLLEYVILLE based on the previous calendar year prisoner count supplied by COLLEYVILLE. (See payment schedule, Section 6.) b. Pay the sum of Two Hundred and Seventy -Five Thousand, Sixty -Six Dollars ($275,066) to KELLER for their share of expenses to operate the public safety dispatching center; representing a 16% cost share calculated by using KELLER'S Fiscal Year 2010/11 Budgeted Expenses. (See payment schedule, Section 6.) C. Pay the sum of Thirty -Eight Thousand Dollars ($38,000.00) for General and Administrative Charges based on KELLER'S operating budget for Fiscal Year 2010/11. (Payment percentages described in Exhibit "A" shall remain the same for the duration of this agreement.) d. Pay a one-time equipment and configuration cost of approximately Thirty Thousand Dollars ($30,000.00) to KELLER to prepare the public safety dispatch center to accommodate the merger of services. KELLER will provide the necessary documentation to COLLEYVILLE for reimbursement. Exhibit "B" is an estimate for the costs known at this time. KELLER will retain the title to all the equipment in the public safety dispatch center and is responsible to properly maintain and insure the equipment. e. COLLEYVILLE will continue as a member of the Northeast Tarrant County Radio Consortium and pay the required member fees, including the radio maintenance fees for radio control stations within COLLEYVILLE and all mobile and hand-held radios assigned to the employees of COLLEYVILLE. The fees for the maintenance agreement for the radio equipment within the public safety dispatch center will be the responsibility of KELLER and will be part of the annual budget operating costs, subject to the cost sharing agreement for dispatching services as stated in Exhibit "A". f Agree to utilize the CRIMES Records Management System to be compatible with the CRIMES Computer Aided Dispatch System that will be used by the public safety dispatching center. COLLEYVILLE will be responsible for the purchase and maintenance of all computer workstations at COLLEYVILLE facilities and their own police and fire vehicles or other Public Safety Emergency equipment. COLLEYVILLE will maintain their own Public Safety records unit at a COLLEYVILLE facility and be responsible for all law enforcement and fire reporting requirements to State and Federal agencies. COLLEYVILLE will also be responsible for COLLEYVILLE'S record dissemination responsibilities to the public, except direct inquiries from the public regarding a jail or public safety dispatching incident. g. Arrange for the timely delivery of all the required paperwork to properly hold and arraign COLLEYVILLE prisoners. COLLEYVILLE Police Department will be responsible for the transportation of all COLLEYVILLE prisoners to KELLER'S jail facility. Should the need arise for an in -custody transportation for emergency medical treatment of a COLLEYVILLE prisoner housed at the KELLER jail, a KELLER police officer shall provide security for up to two hours until a COLLEYVILLE police officer can respond to the medical facility to assume custody. Section 6. Payments for Services Performed. All payments for Jail Services and Dispatching Services except for the one time configuration and equipment payment period outlined in Section 5.d., hereto shall be paid by SOUTHLAKE and COLLEYVILLE to KELLER in four (4) equal installments due on the I" day of each calendar quarter beginning October 1, 2010 in advance of the services performed by KELLER for SOUTHLAKE and COLLEYVILLE for each subsequent calendar quarter of KELLER'S fiscal year and continuing thereafter throughout the term of the Agreement. Each annual payment amount for Jail Services shall be in accordance with KELLER'S Fiscal Year Police Department Operating budgeted amount for the jail adjusted annually to include budgeted increases in operating costs, and capital costs as anticipated to be approved by the KELLER City Council during the annual budgeting process for the upcoming Fiscal Year beginning October 1, multiplied by the cost share amount to be determined by the prisoner count from the previous calendar year. Each annual payment for the operation of the public safety dispatching center shall be in accordance with KELLER'S Fiscal Year Police Department Operating budgeted amount for the communications center adjusted annually to include budgeted increases in operating costs, and capital costs as anticipated to be approved by the KELLER City Council during the annual budgeting process for the upcoming Fiscal Year beginning October 1, multiplied by the cost share factor. For the first three years of this agreement the cost share factor will be fixed at 42% for SOUTHLAKE and 16% for COLLEYVILLE. The workload factors in the communications center include the number of 9-1-1 calls answered for each respective city, the number of police, fire, and EMS calls dispatched and initiated for each respective city for the three years will be averaged and the cost share formula may then be adjusted up or down for SOUTHLAKE and COLLEYVILLE for the fourth year of the agreement. Subsequent adjustments during this agreement will be done once every three years using an average from the preceding three years of data. 7 Each annual payments for the General and Administrative Charge shall be based on the fixed percentages described in Exhibit "A", adjusted annually, based on KELLER'S respective departmental budget anticipated to be approved by the KELLER City Council during the annual budgeting process for the upcoming Fiscal Year beginning October 1. KELLER shall notify SOUTHLAKE and COLLEYVILLE of the anticipated costs of the Jail Services and Dispatching Services and general and administrative charges by May 30 of each fiscal year for budgeting and planning purposes. The final costs will be determined and communicated in writing when the KELLER City Council adopts the KELLER annual budget, but shall not exceed the estimate by more than 5%. The annual cost increase for SOUTHLAKE and COLLEYVILLE for the Jail Services and Dispatching and general and administrative costs shall not exceed the percentage increase of the KELLER Police Department's annual operating budget. In the event the SOUTHLAKE and COLLEYVILLE City Councils fail or refuse to approve the annual payment amount set forth in this section by September 25, prior to any fiscal year during the term of this Agreement, the Agreement shall be deemed to be cancelled, effective at the end of the then current fiscal year of KELLER. Section 7. Cancellation. a. SOUTHLAKE and or COLLEYVILLE shall have the right to terminate, based on the provisions of this Agreement, if KELLER breaches any of its terms or fails to perform any of the obligations it imposes, and then fails to cure the breach or failure within thirty (30) days following written notice from SOUTHLAKE and or COLLEYVILLE. If the Agreement is terminated under this paragraph, KELLER shall be entitled to retain money already received prorated to the period from the last payment until the date of termination, and shall refund the remainder to SOUTHLAKE and or COLLEYVILLE. b. After the initial twenty-four (24) months of this agreement, all parties shall have the right to terminate this Agreement by giving written notice to KELLER at least twenty-four (24) months prior to the subsequent Fiscal Year, October 1. All payments by SOUTHLAKE and or COLLEYVILLE to KELLER shall continue until the cancellation date or as mutually agreed to by both parties. Should either SOUTHLAKE or COLLEYVILLE choose to cancel this agreement the remaining city can choose to continue the agreement with KELLER with new cost sharing formulas developed at that time and mutually agreed upon. Section 8. Notices. All notices required or provided for in this Agreement shall be sent to the following parties by certified mail — return receipt requested: KELLER Dan O'Leary, City Manager City of Keller P.O. Box 770 Keller, TX 76244 SOUTHLAKE Shana Yelverton, City Manager City of Southlake 1400 Main Street Southlake, TX 76092 8 COLLEYVILLE Jennifer Fadden, City Manager City of Colleyville 100 Main Street Colleyville, TX. 76034 Section 9. Dispute Resolution. In order to ensure an effective relationship between the parties and to provide the best possible public services, it is mutually agreed that all questions arising under this Agreement shall first be handled and attempted to be resolved between the City Managers of KELLER, SOUTHLAKE and COLLEYVILLE. All issues regarding the performance of Dispatching, or Jail Services shall be brought directly to the attention of the KELLER Chief of Police or his authorized designee. Immediate performance complaints or concerns should be addressed by communicating the problem to the on -duty dispatch supervisor. Any issues not resolved hereunder may be referred to the respective governing bodies for resolution and if necessary, the parties hereby agree to the appointment of a court -certified (certified in Tarrant County) Mediator to assist in resolving said dispute as a prerequisite to the filing of any lawsuit over such issues. Section 10. Venue. Venue for any legal dispute arising pursuant to this Agreement shall lie in Tarrant County, Texas. No litigation shall be commenced prior to both parties completion of mediation in accordance with Section 9. Section 11. All parties mutually agree that KELLER is an independent contractor, and shall have exclusive control of performance hereunder, and that employees of KELLER in no way are to be considered employees of SOUTHLAKE or COLLEYVILLE. The employment rights of KELLER personnel assigned under this agreement will not be abridged. Section 12. To the extent allowed by law, KELLER hereby agrees to indemnify and otherwise hold harmless SOUTHLAKE and COLLEYVILLE, its officers, agents and employees in both public and private capacity against all liability claims, suits, demands, losses, damages, attorney fees, including all expense of litigation or settlement, or causes of action of any kind which may arise by reason of injury to or death of any person or for a loss of, damage to, or loss of the use of any property arising out of or in any way connected to KELLER'S performance of jail services under this agreement including any intentional or negligent acts or omissions of KELLER'S officials, officers, agents or employees relating to or arising out of the performance of the jail services. KELLER, SOUTHLAKE AND COLLEYVILLE each agree to accept full responsibility for the actions of their own officers, agents and employees in the operation of the communications center, or in the performance or use of dispatching services under this agreement, and each party hereby agrees to indemnify and otherwise hold harmless the other party, its officers, agents and employees in both public and private capacity against all liability claims, suits, demands, losses, damages, attorney fees, including all expense of litigation or settlement, or causes of action of any kind which may arise by reason of injury to or death of any person or for a loss of, damage to, or loss of the use of any property arising out of or in any way connected to the intentional or negligent acts or omissions of that party, its officers, agents or employees, in the operation of the communications center, or in the performance or use of dispatching services under this agreement. It is expressly understood and agreed that, in the execution of this Agreement, KELLER SOUTHLAKE and COLLEYVILLE do not waive, nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to or against claims arising in the exercise of governmental functions relating hereto or otherwise. By entering into this Agreement, KELLER, SOUTHLAKE and COLLEYVILLE do not create any obligations express or implied, other than those set forth herein, and this Agreement shall not create any rights in any parties not signatory hereto. Section 13. In the event that the jail and or communications center located at the KELLER Police Facility is damaged due to a natural or a man made disaster and is unusable, KELLER will have a contingency plan to continue to provide the services under this Agreement at another facility within Northeast Tarrant County. Section 14. Annually, at the time the cost for Jail Services and Dispatching Services are re- calculated, this Agreement will be reviewed by both parties for needed clarification and or revisions. This Agreement may only be modified, changed or altered at any time, upon mutual agreement of parties, provided that any such modification, change and/or alteration be reduced to writing, and approved by the governing bodies of KELLER, SOUTHLAKE and COLLEYVILLE. Section 15. This Agreement has been approved by the governing bodies of KELLER, SOUTHLAKE and COLLEYVILLE respectively. The execution of this Agreement has been authorized by an act of the governing bodies of KELLER, SOUTHLAKE and COLLEYVILLE at a duly called and posted meeting. IN WITNESS WHEREOF, we have hereunto set our hands this the i��day of � 2010, in duplicate originals. I /✓ - P.W. McGrail Mayor By: Dan O'Lea4 City Manager TEXAS CITY OF SOUTHLAKE, TEXAS By: John Terrell Mayor By: Shana Y erton City M ager 10 ATTEST: City Secretary CITY OF COLLEYVILLE, TEXAS By: David Kelly Mayor Mana rf " — ATTEST: Shia Single Secretary ton AS TO City Attorney AA By: Matthew Boyle City Attorney for Colleyville By: Lori ParW-vl(}t�ne� City Secretary JJ City Attorney for Southlake (1) FISCAL YEAR 2010/11 COMBINED DISPATCH AND JAIL BUDGETS And GENERAL AND ADMINISTRATIVE CHARGES FOR SERVICES TO THE CITIES OF SOUTHLAKE AND COLLEYVILLE. OPERATING BUDGET FOR KELLER/SOUTHLAKE/COLLEYVILLE EMERGENCY COMMUNICATIONS CENTER FISCAL YEAR 2010/2011 $1,719,163 Includes twenty (21) full-time employee equivalents (FTEs), 19 public safety dispatchers, l communications supervisor, 1 communications center manager; operations, records keeping, building capital and maintenance costs. Southlake Annual Service Level at 42% cost share Colleyville Annual Service Level at 16% cost share $ 722,048 $ 275,066 OPERATING BUDGET FOR JAIL SERVICES FISCAL YEAR 2010/11. Includes six (6) full-time employee equivalents, detention officers; operations, capital , and maintenance costs. $ 413,736 Southlake Annual Service Level at 28% cost share. $ 124,121 Colleyville Annual Service Level at 24% cost share. $ 99,297 GENERAL AND ADMINISTRATIVE CHARGES (1) Includes services of Police Administration, Human Resources, Information Services. Southlake $ 50,000 Colleyville $ 38,000 TOTAL ANNUAL COST FOR FISCAL YEAR 2010/11 Southlake $ 896,169 Colleyville $ 412,363 PERCENT (%) OF RESPECTIVE ANNUAL OPERATING BUDGET USED: Police Administration Human Resources Southlake Colleyville 4.5% 2.5% 4% 2% Information Services 2.6% 2.5% EXHIBIT A ESTIMATED EQUIPMENT AND CONFIGURATION COSTS TO BE PAID BY COLLEYVILLE TO PREPARE THE EMERGENCY COMMUNICATIONS CENTER • Computer • Dispatch Furniture • Additional Phone/radio recording licensing fee • Dispatch Wireless Headset • Gold -Elite Radio Console • Motorola Installation Cost • Estimate Total $2,000 $2,000 $ 850 $1,100 $15,900 i&M $30,690 Mi�iii � Y�I t