Item 10ACity of Southlake, i exas
MEMORANDUM
August 8, 2006
TO: Shana Yelverton, City Manager
FROM: Robert Finn, Chief of Fire Service
SUBJECT: Interlocal Agreement for combined public safety dispatching and ,jail services for
the cities of Keller and Southlake. 10A
Action Requested: Enter into an lnterlocal Agreement for combined public safety dispatching and
,jail services for the cities of'Keller and Southlake
Background
Information: The City of Southlake Department of Public Safety underwent a management
study conducted by the Matrix Group that identified our strengths and
opportunities for improvement. One of the identified opportunities that Matrix
presented was to consider consolidating Sail and Dispatch operations with a
neighboring city. After much review and consideration the department realized
the consolidation of these services with the City of Keller would provide the
best possible service to our citizens,
This consolidation provides the department with a number of opportunities to
increase both the service level to citizens and productivity of the dispatch
center. Utilizing the City of'Keller dispatch and jail facilities will reduce the
liability encumbered by Southlake while ensuring that all service expectations
are met.
Financial
Considerations: The consolidation of jail and dispatch operation with the City of Keller is both
more efficient and more cost effective then to continue with current operations.
Financial Impact:
• One time configuration cost., . .......... . . . . ......., „ . $159,300
• Annual dispatch service charge at 50% cost share - .$396,922
• Annual service for FY 2006 /2007. „ .............$120,421
• General and Administrative charges ................. $ 57,540
• Total cost...._,,. ,, ......, ...................... .— ...:..,....$734,183
Citizen Input/
Board Review: Not subject to board review. No citizen input received.
Legal Review: Agreement reviewed by city attorney Tim Sralla
Alternatives: Continue with current jail and dispatch operation
Supporting
Documents: Interlocal Agreement between Southlake and Keller
Staff
Recommendation: Authorize the City Manager to enter into an interlocal agreement for
combined public safety dispatching and jail services with the City of Keller
Ft-OFIM
INTERLOCAL AGREEMENT
FOR COMBINED PUBLIC SAFETY DISPATCHING AND
JAIL SERVICES FOR THE CITIES OF KELLER AND SOUTHLAKE
THE STATE OF TEXAS )(
COUNTYOF TARRANT )(
THIS ( "AGREEMENT "), is made and entered into by the CITY OF KELLER, TEXAS,
a Home Rule municipal corporation, ( "KELLER "), and the CITY OF SOUTHLAKE, TEXAS a
Home Rule municipal corporation, ( "SOUTHLAKE "), each acting by and through its duly
appointed and authorized city managers:
WITNESETH:
WHEREAS, KELLER AND SOUTHLAKE are desirous of combining public safety
dispatching ( "Dispatching ") and ,jail services ( "Jail Services ") 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 both cities; and
WHEREAS, Keller and Southlake 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, 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 and SOUTHLAKE have concluded that this Agreement fairly
compensates the performing party for the Dispatching and Jail Services being provided
hereunder; and
WHEREAS, KELLER and SOUTHLAKE believe that this Agreement is in the best interests
of KELLER and SOUTFILAK.E; and
WHEREAS, this Agreement is approved by the governing bodies of KELLER and
SOUTHLAKE; and
WHEREAS, this Agreement is authorized by and in conformance with Chapter 793 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 AND SOUTHLAKE HEREBY AGREE
TO THE FOLLOWING:
Section I . All matters stated above in the preamble are found to be true and correct and are
incorporated herein by reference as if copied in their entirety.
Section 2„ Terre. This Agreement shall be for an initial term of ten (10) years
commencing on October 1, 2006, and ending September 30, 20I6, (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 the following equipment, services, personnel, and
facilities:
a. Commencing October 1, 2006, KELLER will provide .fail Services at the
KELLER Police Department., The KELLER Municipal Judge will work with the
Southlake Municipal Judge in establishing a mutually agreeable daily
arraignment protocol of SOUTHLAKE prisoners. KELLER will provide the
necessary detention officers and ether employees to properly supervise and
operate KELLER'S ,jail facility. SOUTHLAKE prisoners shall be released in
accordance with specific written procedures agreed upon by KELLER and
SOUTHLAKE...fail 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 delivered to the
KELLER Police Department,jail facility;
2, providing necessary all booking services when accepting
prisoners to the facility;
1 providing SOUTHLAKE 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
5. releasing prisoners for investigative purposes outside the ,jail
facility when such requests are authorized by a duly authorized
SOUTHLAKE official;
6, maintaining a log and other applicable records of these and all
other significant events related to SOUTHLAKE prisoners,
b.. On April 1, 2007, KELLER and SOUTHLAKE will merge Public Safety
Dispatching Services for police, fire and emergency medical service ( "EMS ")
services for KELLER and SOUTbILAKE, at the KELLER Police Department,
and KELLER shall provide all such Dispatching Services for SOUTHLAKE.
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 Emergency Communications
Center ( "KSECC "). Dispatching services shall be part of the KSECC, 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 of
police, fire, and emergency medical services to SOUTHLAKE's citizens, and
shall include at a minimum the following:
1.. answering all SOUTHLAKE emergency 9 -1 -1 calls;
2. dispatches emergency calls for service in one minute or less 80%
of the time;
3, answering any citizen requests for service placed to phone
numbers designated by SOUTHLAKE;
4. dispatching police patrol units, fire apparatus, or EMS as
appropriate in response to 9 -1 -1 or other calls, or at
SOUTHLAKE's direction;
5, maintaining radio or other remote communications with
SOUTHLAKE's police, fire, or EMS units as necessary to
facilitate provision of services;
6.. maintaining documentary records according to industry standard
of all dispatching activity.
KELLER shall make a conditional offer of employment to not less than nine (9)
public safety dispatchers currently employed by the SOUTFILAKE Department
of Public Safety on or before .lanuary 1, 2007, for employment with KELLER to
become effective on the merger date of April 1, 2007, contingent upon the
SOUTHLAKE public safety dispatch employees passing a KELLER pre-
employment drug screen. KELLER shall place the SOUTHLAKE dispatchers on
the KELLER dispatch pay scale at the amount closest to their current hourly base
rate at SOUTHLAKE. Upon employment by KELLER, SOUTHLAKE Public
Safety dispatchers will receive the same employment benefits provided to
KELLER employees at a comparable pay scale. An annual $3,000 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 KSECC..
This will insure an initial pay increase for all SOUTHLAKE dispatchers who
accept a position in KELLER.
d� KELLER shall provide SOUTHLAKE monthly service reports detailing prisoner
counts and KSECC 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_
C. All Human Resource services necessary for the recruitment, screening,
employment, and training of all personnel required to provide ,Tail Services and
Dispatching to SOUTHLAKE, including providing all employee polices and
procedures and the administration thereof shall be provided by KELLER,
f. KELLER shall provide access to SOUTHLAKE'S warrant information retained
at the KSECC to the SOUT14LAKE Department of Public Safety, SOUTHLAKE
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 and three (3) KELLER employees
selected by the KELLER Chief' of Police to address operational and policy
decisions that will arise from operating the KSECC and Jail. Supervisors from
SOUTHLAKE will be invited to attend all staff meetings called by the KSECC
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 Thousand, Four Hundred and Twenty -
One Dollars ($120,421.00) to KELLER for Jail Services for the Fiscal Year
2006/07 beginning on October 1, 2006 and ending on September 30, 2007, The
amount of charges to be established based on the adopted Fiscal Year 2006/07
KELLER Police Department Operating budget to operate the KELLER jail. This
payment represents a 40 cost share of all Jail Services by SOUTHLAKE based
on the previous calendar year prisoner count supplied by SOUTHLAKE. (See
payment schedule, Section 5.)
b.. Pay the sum of Fifty - Seven Thousand, Five Hundred and Forty Dollars
($57,540.00) for General and Administrative Charges based on KELLER'S
operating budget for Fiscal Year 2006/07. (Payment percentages described in
Exhibit "A" shall remain the same for the duration of this agreement.)
C, Pay a one -time equipment and configuration cost of'One Hundred and Fifty -Nine
Thousand, Three Hundred Dollars ($159,300,00) to KELLER to prepare the
KSECC to accommodate the merger of services. KELLER will provide the
necessary documentation to SOUTHLAKE 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 KSECC and is responsible to properly maintain and insure the
equipment.
d.. On April 1, 2007, pay the sum of Three Hundred and Ninety -Six Thousand, Nine
Hundred and Twenty -Two Dollars ($396,922.00) for the remaining six (6)
months of Fiscal Year 2007 share of expenses to operate KSECC; representing
50% cost share calculated by using KELLER'S Fiscal Year 2006/07 Budgeted
Expenses pertaining to the KSECC and the additional personnel costs of adding
nine (9) full time equivalent positions.
e_ 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 SOUTI-ILAKE 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 KSECC will be the
responsibility of KELLER and will be part of the annual budget operating costs
of the KSECC, subject to the 50% 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
KSECC. 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,
g. 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.. Payments for Services Performed. All payments for .fail Services
and Dispatching except for the one time configuration and equipment payment period outlined in
Section 4.c,, hereto shall be paid by SOUTFILAKE to KELLER in four (4) equal installments due
on the I se day of each calendar quarter beginning October 1, 2006 in advance of the services
performed by KELLER for SOUT14LAKE for each subsequent calendar quarter of KELLER'S
fiscal year and continuing thereafter throughout the term of the Agreement.
Each annual payment amount for .fail 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. SOUTHLAKE'S share for .Tail Services will not exceed 50 %_
Each annual payment for the operation of the KSECC 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 of 50 %.
SOUTHLAKE'S share will not exceed 50 %..
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 costs 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 of the anticipated costs of the .fail Services and
Dispatching 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 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 City Council fails or refuses 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 6.. Cancellation.
a, SOUTHLAKE 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, 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.
b. After the initial twenty -four (24) months of this agreement, either party shall
have the right to terminate this Agreement by giving written notice to the other
party at least twenty -four (24) months prior to the subsequent Fiscal Year,
October 1, for Jail Services; and twelve (12) months prior to the subsequent
Fiscal Year, October 1, for Dispatch Services.. All payments by SOUTHLAKE to
KELLER shall continue until the cancellation date or as mutually agreed to by
both parties.
Section 7.. Notices. All notices required or provided for in this Agreement shall be sent to
the following parties by certified mail — return receipt requested:
014 04 wtit
Lyle H. Dresher, City Manager
City of Keller
P.O. Box 770
Keller, TX 76244
SOUTFiLAKE
Shana Yelverton, City Manager
City of Southlake
1400 Maio Street
Southlake, TX 76092
Section 8. 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 and SOUTHLAKE.,
All issues regarding the performance of Dispatching, or .Jail Services and the operation of the
KSECC 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 KSECC supervisor or team leader..
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 9. , 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 8,
Section 10. Both 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. The employment rights of KELLER personnel
assigned under this agreement will not be abridged.
Section 11. To the extent allowed by law, KELLER hereby agrees to indemnify and otherwise
hold harmless SOUTHLAKE, 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 and SOUTHLAKE each agree to accept full responsibility for the actions of their own
officers, agents and employees in the operation of the KSECC, 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 KSECC, 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 and
SOUTHLAKE 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 and
SOUT14LAKE 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 12, 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 13. Annually, at the time the cost for sail 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 and SOUTHLAKE..
Section 14. This Agreement has been approved by the governing bodies of KELLER and
SOUTHLAKE, respectively. The execution of this Agreement has been authorized by an act of
the governing bodies of KELLER and SOUTHLAKE at a duly called and posted meeting.
IN WITNESS WHEREOF, we have hereunto set our hands this the day of' ,
2006, in duplicate originals.
CITY OF KELLER, TEXAS CITY OF SOUTHLAKE, TEXAS
By: Julie A. Tandy
Mayor
By: Lyle H. Dresher
City Manager
ATTEST:
By: Sheila Stephens
City Secretary
By: Andy Wambsganss
Mayor
By: Shana Yelverton
City Manager
ATTEST:
By: Lori Farwell
City Secretary
APPROVED AS TO FORM:
By: L. Stanton Lowry By:Allen Taylor
City Attorney for Keller City Attorney for Southlake
FISCAL YEAR 2006/2007
COMBINED DISPATCH AND JAIL BUDGETS
And GENERAL AND ADMINISTRATIVE CHARGES
FOR SERVICES TO THE CITY OF SOUTHLAKE,
OPERATING BUDGET FOR KELLER/SOUTHLAKE EMERGENCY
COMMUNICATIONS CENTER FISCAL YEAR 2006/2007
$1,587,686
Includes twenty (20) full -time employee
equivalents (FTEs), 18 public safety dispatchers, 1 communications
supervisor, I communications center manager; operations, capital and
maintenance costs..
Annual Service Level at 50% cost share for six (6) months. $ 396,922
(April 1, 2007 — September 30, 2007)
OPERATING BUDGET FOR .TAIL SERVICES FISCAL YEAR 2006/07..
Includes five (5) full -time employee equivalents, detention officers;
operations, capital , and maintenance costs. $ 301,053
Annual Service Level at 40% cost share for twelve (12) months. $ 120,421
(October 1, 2006 — September 30, 2007)
GENERAL AND ADMINISTRATIVE C14ARGES (1) $ 57,540
Includes services of'Police Administration,
Human Resources, Information Services.
TOTAL ANNUAL., COST FOR FISCAL YEAR 2006/07 $ 574,883
(1) PERCENT ( %) Or RESPECTIVE ANNUAL.
OPERATING BUDGET USED:
Police Administration 5%
Human Resources 3%
Information Services 3 .5%
ESTIMATED EQUIPMENT AND CONFIGURATION COSTS TO BE PAID BY
SOUTHLAKE
TO PREPARE THE KELLER/SOUTHLAKE EMERGENCY
COMMUNICATIONS CENTER
Furniture (two dispatch consoles and chairs) $ 27,300
Radio Configuration Costs to Motorola
$ 7,000
Configuration and equipment costs for telephones $ 48,500
Upgrade telephone and radio logging and recording system to
accommodate the additional phone and radio traffic $ 50,000
Additional IT equipment to add additional dispatcher and calf
taker stations (computers, wireless headsets, printers) $ 23,500
Project Contingency
$ 3,000
TOTAL $159,300