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Item 4HCity of Southlake, Texas MEMORANDUM May, 21 st 2007 TO: Shana Yelverton, City Manager FROM: Wade Goolsby, Chief of Police Services SUBJECT: Approve inter -local agreement with Carroll Independent School District for the use of Carroll Intermediate School as the interim DPS facility. Action Requested: Approve inter -local agreement with Carroll Independent School District for the use of Carroll Intermediate School as the interim DPS facility. Background Information: The Southlake Department of Public Safety will begin construction on the DPS Headquarters building in late 2007. In order to begin construction the current DPS East building must be demolished and removed from the current site. To maintain effective police and fire operations during construction it is necessary to move DPS East police and fire operations to an alternative facility. Carroll Independent School District is allowing the use of 7,640 square feet of Carroll Intermediate School for use as interim DPS facility. The facility will provide adequate temporary space for DPS while maintaining a centrally located presence within Southlake. The initial term for the agreement begins October 1, 2007 and ends on September 30, 2009. Financial Considerations: As part of the inter -local agreement, the City will pay 50% of the cost to repair HVAC units prior to occupying the building, with an estimated cost of $27,000. The City will also provide reimbursement on a monthly basis for utility (Gas, Water and Electric) costs as calculated on a square foot basis and provide custodial services in the area occupied by DPS personnel. In FY 2005/2006 the current DPS East facility cost the city $89,829.86 in utility costs. Financial Impact: Financial costs are estimated at a possible $27,000 to repair HVAC units and an estimated $38,123.60 per year in utility costs. These utility costs are based on CISD historical data on square footage costs. Our utility costs may exceed this due to our 24 hour operation but should not exceed our current DPS East utility costs. Citizen Input/ Board Review: Not subject to board review Legal Review: Alternatives: Supporting Documents: Staff Recommendation: WG/rk Reviewed and approved by City Attorney Modify proposed agreement and seek CISD approval Reject proposed agreement Inter -local agreement between the City of Southlake and CISD Pursue the inter -local agreement with CISD for the use of Carroll Intermediate School as an interim DPS facility. STATE OF TEXAS COUNTY OF TARRANT INTERLOCAL AGREEMENT FOR SERVICES This agreement is by and between Carroll Independent School District, an independent school district of the State of Texas located in Tarrant County, Texas, and the City of Southlake, a municipality in Tarrant County, of which may also be referred to herein as 'Parties" or individually as 'Party". WHEREAS, Chapter 791 of the Texas Government Code, (the Inter -local Cooperation Act) permits agreements between political subdivisions such as the Parties to provide governmental functions, facilities, or services; and WHEREAS, the Parties wish to increase their efficiency and effectiveness by contracting with one another to provide governmental functions, facilities, or services; NOW, THEREFORE, in consideration of the mutual promises and agreements set forth below, Carroll ISD and the City of Southlake hereby agree as follows: L TERM 1.1 The initial term of this Agreement will commence on October 1, 2007, and end on September 30, 2009. The term of this Agreement may be extended upon request with a sixty (60) day written notice. Termination by either Parry may be accomplished by giving sixty (60) days written notice to the other Parry. In the event the agreement is terminated prior to the end of a term, any functions, facilities, or services to be provided and the compensation for same pursuant to section II shall be provided through the date of termination. IL PURPOSE OF THE AGREEMENT 2.1 Upon the mutual agreement of two or more Parties for the provision of and payment for governmental functions, facilities, or services, an addendum will be attached hereto that defines the nature and scope of the governmental functions, facilities, or services to be provided and the beginning and ending dates for the provision of such functions, facilities, or services. The addendum will also specify the amount to be paid to the Party providing the functions, facilities or services to fairly compensate it for the same. III. NO ASSIGNMENT 3.1 This agreement may not be assigned by any Party without first obtaining the written consent of all Parties. IV. CURRENT REVENUE 4.1 All payments, contributions, fees, and disbursements to be paid by a Party hereunder shall only be made from current revenues budgeted and available to said Party. V. LIABILITY APPORTIONMENT 5.1 In the event of negligence on the part of any Party, legal liability, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to any Party under Texas law. The provisions of this paragraph are solely for the benefit of the Parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any third party. VI. UNDERSTANDING 6.1 This Agreement sets forth the complete understanding by and between the Parties and supersedes any prior written or oral agreements between them. VII. VENUE 7.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Any legal action or proceedings brought or maintained, directly or indirectly, as a result of this Agreement shall be heard and determined in Tarrant County, Texas. EXECUTED this day of , 2006, By Carroll Independent School District, Tarrant County, Texas (Name) (Title) EXECUTED this day of , 2006, By the City of Southlake, Tarrant County, Texas (Name) (Title) ADDENDUM The City of Southlake will occupy portions of property belonging to the Carroll Independent School District at 1101 North Carroll Avenue, Southlake, TX 76092, commonly referred to as Carroll Intermediate School. The property shall be used to house fire and police units from the Department of Public Safety. Occupancy of this property will commence no earlier than October 1, 2007 and end no later than September 30, 2009. Under terms of this agreement the City of Southlake agrees to: 1. Make no permanent modifications to the interior of the building. 2. Participate in 50% of the cost of any HVAC units that must be replaced prior to or during their occupancy of the building. Said units will remain with the property after the terms of this agreement have been completed. 3. Provide for reimbursement on a monthly basis of utility costs (electricity, gas, and water) calculated at a per square foot cost and supplied by Carroll ISD. 4. Provide for custodial services in the area occupied by its personnel. 5. Provide for surfacing and/or covering of any parking areas required with the knowledge and consent of Carroll ISD. Under terms of this agreement Carroll ISD agrees to: 1. Present the rooms to be occupied in empty and clean condition. 2. Maintain the mechanical, electrical, and plumbing for the portion of the building occupied by the City of Southlake via the district "work order" system.