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CP 2022-08-23City Council City of Coppell, Texas Meeting Agenda 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers5:30 PMTuesday, August 23, 2022 WES MAYS BIJU MATHEW Mayor Mayor Pro Tem CLIFF LONG KEVIN NEVELS Place 1 Place 4 BRIANNA HINOJOSA-SMITH JOHN JUN Place 2 Place 5 DON CARROLL MARK HILL Place 3 Place 7 MIKE LAND City Manager Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 E. Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. As authorized by Section 551.127, of the Texas Government Code, one or more Councilmembers or employees may attend this meeting remotely using videoconferencing technology. The City of Coppell reserves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: 1. Call to Order 2. Work Session (Open to the Public) 1st Floor Conference Room A. Discussion regarding agenda items. B. Coppell Independent School District presentation regarding district Page 1 City of Coppell, Texas Printed on 8/19/2022 August 23, 2022City Council Meeting Agenda demographics and future planning. C. Discussion regarding the workforce transit. D. Discussion regarding the draft Memorial Policy. E. Discussion regarding Work Plan for FY22-23. CISD Memo.pdf Workforce Transit Memo.pdf Memorial Policy Memo.pdf 22-23 Workplan Draft.pdf Attachments: Regular Session 3. Invocation 7:30 p.m. 4. Pledge of Allegiance Presentations 5.Annual report by SPAN, Inc. 6.Presentation and Update by the Coppell Arts Center Foundation. CAC Memo.pdfAttachments: 7. Citizens’ Appearance 8. Consent Agenda A.Consider approval of Minutes: August 9, 2022 CM 2022-08-09.pdfAttachments: B.Consider approval of an Interlocal Agreement with the City of Lewisville; for the installation and maintenance of median street lights on Denton Tap Road; and authorizing the Mayor to sign. Street Lights Memo.pdf Exhibit.pdf Quote.pdf ILA: City of Lewisville.pdf Attachments: C.Consider approval of an Interlocal Agreement renewal between the City of Coppell and Coppell Independent School District for School Resource Officer (SRO) protection services for the school year 2022-2023; and authorizing the Mayor to sign. SRO Memo.pdf ILA: CISD.pdf Attachments: Page 2 City of Coppell, Texas Printed on 8/19/2022 August 23, 2022City Council Meeting Agenda D.Consider approval of an Interlocal Agreement with the City of Grapevine to provide detention services for all detainees of the City of Coppell Police Department in an amount not to exceed $121,808.00; and authorizing the Mayor to sign. Detention ILA Memo.pdf ILA: City of Grapevine.pdf Attachments: E.Consider approval of an Interlocal Agreement renewal between the City of Coppell and SPAN, Inc., for the provision of transit services for older persons, persons with disabilities, veterans, and the general public; as provided for by the CARES Act funding as dispensed through SPAN, Inc., authorizing the Mayor to sign and the City Manager to sign any necessary documents. SPAN Memo.pdf ILA: SPAN, Inc.pdf Attachments: End of Consent Agenda 9.PUBLIC HEARING: To receive public comment on the proposed 2022-23 Budget for the Coppell Crime Control and Prevention District. CCPD Memo.pdf Public Hearing Notice (Rambler).pdf Public Hearing Notice (Gazette).pdf Public Hearing 2nd Notice (Rambler).pdf Public Hearing 2nd Notice (Gazette).pdf 19-Crime Prevention Fund 2023.pdf 20-Crime Prevention Fund 2023.pdf Attachments: 10.PUBLIC HEARING: To receive public comment concerning the proposed 2022-23 Municipal Budget. Budget Memo.pdfAttachments: 11.PUBLIC HEARING: To receive public comment concerning the proposed 2022-23 tax rate of $0.518731. Tax Rate Memo.pdf Tax Rate Full Page Ad.pdf Attachments: 12. City Manager Reports - Project Updates and Future Agendas 13. Mayor and Council Reports Report by Mayor and City Council on recent and upcoming events. Page 3 City of Coppell, Texas Printed on 8/19/2022 August 23, 2022City Council Meeting Agenda 14.Council Committee Reports concerning items of community involvement with no Council action or deliberation permitted. A. Report on Dallas Regional Mobility Coalition - Councilmember Don Carroll B. Report on Woven Health Clinic - Councilmember Mark Hill C. Report on Metrocrest Services - Mayor Pro Tem Biju Mathew 15.Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 16. Necessary Action from Executive Session 17. Adjournment ________________________ Wes Mays, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 19th day of August, 2022, at _____________. ______________________________ Ashley Owens, City Secretary PUBLIC NOTICE - STATEMENT FOR ADA COMPLIANCE AND OPEN CARRY LEGISLATION The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services seventy-two (72) hours – three (3) business days ahead of the scheduled program, service, and/or meeting. To make arrangements, contact Kori Allen, ADA Coordinator, or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). Page 4 City of Coppell, Texas Printed on 8/19/2022 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6461 File ID: Type: Status: 2022-6461 Agenda Item Agenda Ready 1Version: Reference: In Control: City Council 08/16/2022File Created: Final Action: WKS 8/9/22File Name: Title: A. Discussion regarding agenda items. B. Coppell Independent School District presentation regarding district demographics and future planning. C. Discussion regarding the workforce transit. D. Discussion regarding the draft Memorial Policy. E. Discussion regarding Work Plan for FY22-23. Notes: Sponsors: Enactment Date: CISD Memo.pdf, Workforce Transit Memo.pdf, Memorial Policy Memo.pdf, 22-23 Workplan Draft.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2022-6461 Title A. Discussion regarding agenda items. B. Coppell Independent School District presentation regarding district demographics and future planning. C. Discussion regarding the workforce transit. D. Discussion regarding the draft Memorial Policy. E. Discussion regarding Work Plan for FY22-23. Summary Page 1City of Coppell, Texas Printed on 8/19/2022 1 MEMORANDUM To: City Council From: Mike Land, City Manager Date: August 23, 2022 Reference: Coppell Independent School District presentation regarding demographics and future planning. Superintendent Dr. Brad Hunt will provide a presentation regarding an analysis of demographics and future planning for the school district. 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: August 23, 2022 Reference: Workforce Transit 2040: Create Business and Innovation Nodes Introduction: In partnership with Denton County Transportation Authority (DCTA) and Lyft, the City of Coppell started a workforce transit test program for Coppell businesses on October 1, 2019. The one-year program was established to study trends and gauge the need for a long-term solution to workforce transit in Coppell. The program started slow as staff was trying to get the word out to all Coppell businesses, but the hope was that it would grow each month as more businesses and individuals learned about the program. The program was beginning to gain momentum in December of 2019 and steadily increased through March of 2020 when COVID-19 hit. City Council has since approved a one-year extension to the contract with DCTA two times. The current ILA will expire on September 30, 2022. Ridership continues to increase and is being utilized by a larger number of companies. The service is being utilized seven days a week across different shift times throughout the day. Riders were concentrated on the west side of town when the program began, but we now have individuals using it to get to work on the east side of town. There are also Coppell residents that are relying on this service for access to work at business locations in Coppell. Staff believes that the utilization of a first-mile, last-mile connection will increase after the DART Silver Line is open and operating. Exploring other options for service such as fixed route service might become more viable at that time, but until then, staff believes this is the best option for the first- mile, last-mile connection. Staff is requesting to extend the ILA with DCTA to continue the program an additional year to continue analyzing ridership trends and data in hopes that utilization will grow even larger as employees continue to return to the office after COVID-19. Analysis: Lyft will continue providing all mobility services, and DCTA will administer the contract and provide all administrative and operational services associated with the program. The City of Coppell will 2 make monthly payments to DCTA for reimbursement of all costs associated with services provided by Lyft and the monthly administrative fee. Partnering with Lyft for the mobility service provides the greatest amount of flexibility for this program. Everything about the program will remain the same. Lyft will continue to pick up from the six designated transit stops, which include the DART Trinity Mills Station, the DCTA Hebron Station, the DART Belt Line Station, the DART Bus stop at Saintsbury and Belt Line, the DART Bus Stop at Regent and Royal and the Trinity Metro TEXRail stop at the Grapevine-Main Street station. Lyft will transport passengers to the businesses located within the City of Coppell. The proposed budget for the program is $50,000 for FY 22-23. Staff has consistently received feedback from the businesses that this program has provided great benefits, and the hope is that this upcoming year will provide even greater benefit as the ridership grows. Staff will continue to monitor the data on ridership so that an analysis can be provided on the long-term needs for workforce transit in Coppell. If City Council authorizes staff to work with DCTA on an extension to the contract, staff will bring back a finalized contract for City Council consideration at a later date. Legal Review: N/A Fiscal Impact: $50,000 Recommendation: Staff recommends approval. 1 MEMORANDUM To: Mayor and City Council From: Jessica Carpenter, Director of Parks and Recreation Date: August 23, 2022 Reference: Discussion related to draft policy for donation of memorials and monuments 2040: Pillar 0: Sustainable City Government Goal 3: Well-maintained City Infrastructure General Information: The June 8, 2021 City Council meeting included a work session discussion on requests by individuals/groups for memorial installations for placement on City-owned property. Council requested additional information on this topic for discussion at a future meeting. The Parks and Recreation Department allows one option for memorials which is a standard park bench, purchased by the requesting party and installed by park crews for uniformity and consistency of construction specifications. A 4” by 6” metal plaque is attached to each bench containing the memorial information. The Parks and Recreation Department developed a “Policy for Partnership Development to Allow Projects in the Park System” in November in 2004. This policy provides an application process that outlines the requirements for potential projects and donations. During the July 27, 2021 City Council meeting, direction was given to amend this existing policy, with the input of the Parks and Recreation Board, to include a process for the donation of memorials and monuments to be placed on City property. The Parks and Recreation Board discussed the topic at length and provided input on the draft policy. The amended document, “Policy for Donations to the Parks System”, includes criteria to establish the types of projects/donations that will be allowed. Specifically, the policy states that “The project or donation is to benefit the entire park-going community. The Project or donation must have a direct tie to the City of Coppell, a current or former citizen, Coppell business owner, or Coppell volunteer.” Legal Review: The draft policy was reviewed by the City’s legal counsel. 2 Fiscal Impact: There is no fiscal impact related to this item at this time. Recommendation: No Council action is required on this item at this time. Icon Goal Work Plan Objective Responsibility Target Status Partner with Northlake/New Tech to engage and educate youth and parents All Increased engagement with Boards to serve as "knowledge sharers" (communication, involvement, transparency)Board liaisons/ CSO Implement Coppell ISD Allies Program/ Youth Allies Program CMO/EX Evaluate/collaborate needs for juveniles/teen outreach programs; engage youth to evaluate current levels of inclusion in city programs/services CMO/PD Accessibility of public facilities and amenitities (on-going work with ADA Facilities plan and expanding svcs)PARKS/PW Develop a "sense of neighborhood" at an appropriate scale Host a Neighborhood Summit CD Earmark FOARD Board to incentivize reno/refurb (grant programs/incentives for repair/curb appeal)CD Implement FOARD Board recommendations CD Expand Neighbors Helping Neighbors CD Explore a community tool lending program CD Present a plan to implement a "village concept"CD FOARD recommendations to Council CD Complete community engagement around scenario planning, make a recommendation to Council, and include a RFP for a consultant CD Promote a Knowledge-Sharing Environment Purposefully break barriers to inclusion Pillar Three: Enhance the Unique "Community Oasis" Experience 2040 Strategy Pillar One: Perpetuate a Learning Environment Pillar Two: Foster an Inclusive Community Fabric Explore refit and refurbishment of older housing stock Pillar Four: Future-Oriented Approach to Residential Housing Explore new options for 55 plus (or aging in place) that maintain high standard of living while reducing footprint DRAFT CSO: City Secretary's Office CMO: City Manager's Office EX: Employee Experience Department PD: Police Department PW: Public Works CD: Community Development ES: Enterprise Solutions Icon Goal Work Plan Objective Responsibility Target Status Implement pop-up retail CD Create spaces for conversation CMO Work with the commercial/ warehouse district on future Version 2.0 and encourage redevelopment of ‘hot spots’ along commercial/retail corridors as major creativity zones Begin revising regulations for development/redevelopment based on input from existing businesses and developers CD Pillar Six: Implement Innovative Transportation Networks Finish Belt Line Reconstruction PW Finish the design and begin Royal Lane Reconstruction PW Monitor DART Silver Line Construction PW Extend partnership with LYFT to support workforce transit CD Evaluate city-wide travel time/route selection system PW Pillar 7: Apply Smart City Approach to Resource Management Identify and install additional fiber for network resilience ES/PW Implement data collection/data visibility (internal focus)ES Electric Grid discovery for electric vehicles ES/PW Explore the creation of Smart Board/Smart City-related education programs ES Build Coppell’s transportation system to connect with regional systems Build backbone of Smart Operating Systems for all resource management Support the Old Town area and concept Pillar Five: Create Business and Innovation Nodes DRAFT Icon Goal Work Plan Objective Responsibility Target Status Foundation: Sustainable Government Invest in robust legislative recommendation during upcoming legislative session CMO Leverage technology to be force multipliers ES Realign Organizational Change Management Team to maintain communication with organization CMO Evaluate city website and app to improve user experience CMO Revisit program/Service participant surveys (outcomes/impacts)CMO Work with community Political Action Committee to provide facts for Crime Control & prevention District and Infrastructure Maintenance Fund reauthorization CMO Finish design of Service Center Phase 3 PW Complete rehabilitate of pavement - Mockingbird, Falcon, Dividend, Royal, Moore, Sandy Lake PW Finish Enterprise Asset Management Phase 2 implementation PW Finish Village Parkway Generator & Sandy Lake Lift Station projects PW City Infrastructure will be wellmaintained and consistent with the Council's value proposition. As a fiduciary, the City will ensure that there are adequate financial resources to support City services. City Services will be provided in a manner that ensures high levels of customer satisfaction DRAFT Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6460 File ID: Type: Status: 2022-6460 Agenda Item Presentations 1Version: Reference: In Control: City Secretary 08/16/2022File Created: Final Action: SPAN PresentationFile Name: Title: Annual report by SPAN, Inc. Notes: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2022-6460 Title Annual report by SPAN, Inc. Summary Fiscal Impact: Staff Recommendation: Strategic Pillar Icon: Foster an Inclusive Community Fabric Page 1City of Coppell, Texas Printed on 8/19/2022 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6457 File ID: Type: Status: 2022-6457 Agenda Item Presentations 1Version: Reference: In Control: Parks and Recreation 08/15/2022File Created: Final Action: Arts Center Foundation PresentationFile Name: Title: Presentation and Update by the Coppell Arts Center Foundation. Notes: Sponsors: Enactment Date: CAC Memo.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2022-6457 Title Presentation and Update by the Coppell Arts Center Foundation. Summary Page 1City of Coppell, Texas Printed on 8/19/2022 1 MEMORANDUM To: Mayor and City Council From: Ginene Delcioppo, Arts Center Manager Via: Jessica Carpenter, Director of Parks and Recreation Date: August 23, 2022 Reference: Presentation and Update by the Coppell Arts Center Foundation 2040: Enhance the Unique ‘Community Oasis’ Experience Foster an Inclusive Community Fabric General Information: Presentation and update by Greg Goyne, President of the Coppell Arts Center Foundation. Legal Review: This item does not require legal review. Fiscal Impact: There is no fiscal impact related to this item. Recommendation: No Council action is required on this item at this time. Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6469 File ID: Type: Status: 2022-6469 Agenda Item Agenda Ready 1Version: Reference: In Control: City Council 08/16/2022File Created: Final Action: MinutesFile Name: Title: Consider approval of Minutes: August 9, 2022 Notes: Sponsors: Enactment Date: CM 2022-08-09.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2022-6469 Title Consider approval of Minutes: August 9, 2022 Summary Page 1City of Coppell, Texas Printed on 8/19/2022 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6454 File ID: Type: Status: 2022-6454 Agenda Item Agenda Ready 1Version: Reference: In Control: Engineering 08/11/2022File Created: Final Action: Interlocal - Street Lights LewisvilleFile Name: Title: Consider approval of an Interlocal Agreement with the City of Lewisville; for the installation and maintenance of median street lights on Denton Tap Road; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Street Lights Memo.pdf, Exhibit.pdf, Quote.pdf, ILA: City of Lewisville.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2022-6454 Title Consider approval of an Interlocal Agreement with the City of Lewisville; for the installation and maintenance of median street lights on Denton Tap Road; and authorizing the Mayor to sign. Summary Fiscal Impact: The fiscal impact of this item is $47,743.20 which will be provided by the IMF ¼ cent sales tax fund balance. Staff Recommendation: The Public Works Department recommends approval. Strategic Pillar Icon: Page 1City of Coppell, Texas Printed on 8/19/2022 Master Continued (2022-6454) Sustainable Government Page 2City of Coppell, Texas Printed on 8/19/2022 1 MEMORANDUM To: From: Date: Reference: 2040: Mayor and City Council Kent Collins P.E., Director of Public Works Mike Garza, P.E., Assistant Director of Public Works August 23, 2022 Consider approval of an Interlocal Agreement with the City of Lewisville; for the installation and maintenance of median street lights on Denton Tap Road; and authorizing the Mayor to sign. Foundation Pillar: Sustainable City Government Goal 4: City Services to Ensure High Levels of Customer Satisfaction General Information: ·A portion of N. Denton Tap is in the City of Lewisville. ·Median lights have been requested by Coppell residents to improve safety along Denton Tap between the intersections of SH 121 Frontage Road, Turnberry and Fallkirk. ·Coppell will install our standard decorative streetlight. ·Lewisville will reimburse us half the cost of installation. ·Coppell will own and maintain the lights in the Lewisville ROW. ·Total cost of the installation is $95,486.40, half of that will be paid for by Lewisville. Introduction: This agenda item is being presented to consider approval to enter into an Interlocal Agreement with the City of Lewisville for the installation and maintenance of streetlights in the City of Lewisville right of way and authorizing the Mayor to sign any necessary documents. Analysis: The residents of Coppell Greens have requested streetlights to be added in the medians along Denton Tap to improve visibility at the intersections of Fallkirk and Turnberry. These locations would be from the just north of Highland Drive, north to the city limit. These medians are located in the City of Lewisville right of way. This interlocal agreement would allow us to install our standard streetlight in Lewisville’s right of way. We would own and maintain these streetlights just as we do with the 2 ones along Denton Tap and Sandy Lake Road. The City of Lewisville will pay half of the installation cost, which $95,486.40, so they would be responsible for $47,743.20. There will be a total of 6 streetlights installed, which we already have on hand. The installation will be added to Rebcon’s contract as part of the intersection improvement project, paid for by project savings. Legal Review: The Interlocal Agreement was reviewed by the city attorney. Fiscal Impact: The fiscal impact of this item is $47,743.20 which will be provided by the IMF ¼ cent sales tax fund balance. Recommendation: The Public Works Department recommends approval of this item. Proposed StreetLight ImprovementsCity of CoppellCreated in CIVIL3D1 INCH = 1 MILE0S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2022.dwg\LVILLE INTERLOCALCreated on: 24 May 2022 by Scott Latta1/21/2 1 LEWISVILLE CITY LIMIT COPPELL CITY LIMIT 1 INCH = FT. 0 250 250 125 Proposed Street Light Improvements City of Coppell Created in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2022.dwg\LVILLE INTERLOCAL Created on: 24 May 2022 by Scott Latta 2/2N DENTON TAP RDHIGHLAND DR APPROXIMATE LOCATION OF PROPOSED STREET LIGHTS CITY LIMIT REBCON, LLC 1868 W. Northwest Highway Dallas, Texas 75220 (972) 444-8230 Project: ST-19-01 Location: Coppell, Texas Description: Date:3/3/2022 ORIGINAL QTY NEW UNIT ITEM DESCRIPTION UNIT QTY CHANGE QTY PRICE TOTAL 56 DRILLED SHAFT (ROADWAY ILLUMINATION 24") EA 6 $2,035.00 $12,210.00 58 CONDUIT (SCH 40-2") TRENCH (ILLUMINATION) LF 1263 $17.60 $22,228.80 60 ELEC CONDR (NO. 6) INSULLATED (SIGNAL)LF 1828 $2.20 $4,021.60 71 ELEC CONDR (NO. 8) BARE (ILLUMINATION)LF 3656 $2.20 $8,043.20 112 RESTORE PARKWAY/DISTURBED AREAS STA 13 $1,200.00 $15,600.00 $0.00 $0.00 $0.00 NEW ITEMS $0.00 CO 11 CONDUIT (SCH 40- 2") BORE (ILLUMINATION LF 381 $41.80 $15,925.80 CO 12 INSTALL ONLY (CITY SUPPLIED ILLUMINATION POLE)EA 6 $2,909.50 $17,457.00 $0.00 $95,486.40 Denton Tap Illumination (Median) North of 121 Denton Tap Road Intersection Improvements EXISTING ITEMS Rebcon, Inc.Page 1 of 2 Encl: None Please contact me with any questions. Thanks, Jim Schumann Rebcon, LLC Total Calendar Days Required for Change Order Work: 15 Calendar Days Rebcon, Inc.Page 2 of 2 TM 129581 STATE OF TEXAS COUNTY OF DALLAS § § § § § INTERLOCAL AGREEMENT FOR STREET LIGHT OPERATION AND MAINTENANCE THIS AGREEMENT (hereinafter ‘Agreement’) entered into on this _____ day of _______, 2022 made by and between City of Coppell, Texas (hereinafter referred to as "COPPELL”) and City of Lewisville, Texas (hereinafter referred to as "LEWISVILLE") allowing the allocation of responsibilities between the parties for installation, operation, and maintenance of the street lights identified herein. RECITALS WHEREAS, Chapter 791 of the Texas Government Code, provides that any public agency of this state, including units of local government, may enter into agreements for the performance of any power, privilege or authority that any party to the agreement, its assigned personnel or agents, have authority to perform; and WHEREAS, the southbound lanes of Denton Tap Road from approximately 400 feet north of Fallkirk Drive to Highland Drive are within the City Limits of COPPELL, and the northbound lanes of Denton Tap from Highland Drive north are in the City Limits of Lewisville; and WHEREAS, COPPELL AND LEWISVILLE desire to create an interlocal agreement to address the installation, operation, and maintenance of street lighting equipment at Highland Drive and N. Denton Tap between Coppell and Lewisville, which is depicted on Exhibit ‘A’ (herein after ‘Improvements’). AGREEMENT NOW THEREFORE, in consideration for the mutual covenants contained herein the receipt and sufficiency of which are hereby acknowledged, COPPELL AND LEWISVILLE agree as follows: 1. RECITALS. The recitals set forth above are true and correct and are incorporated herein by this refence. 2. PURPOSE. The purpose of this Agreement is to determine and allocate between the parties, responsibilities for installation and maintenance of the street improvements between COPPELL and LEWISVILLE. 3. EFFECTIVENESS & DURATION: 3.1 This Agreement shall begin and be effective on July 1, 2022. For this Agreement to be effective, it must be approved at a public meeting and properly executed by the COPPELL and LEWISVILLE City Councils. TM 129581 3.2 The term of this Agreement shall commence upon the effective date of the Agreement, and shall continue for a term of five (5) years (the “Initial Term”). The Agreement shall automatically renew for additional five (5)-year terms (“Renewal Terms”) under the terms and conditions outlined herein unless amended by mutual written agreement or terminated as provided for herein. 4. INSTALLATION AND MAINTENANCE. 4.1 For the term of this Agreement, COPPELL agrees to become the operations and maintenance authority under this Agreement. Installation, operation, and maintenance of street lighting is normally the responsibility of the City in which the street is located. In this case, the street and responsibility are shared between COPPELL and LEWISVILLE. It is mutually agreed that streetlights are to be installed, operated, and maintained in accordance with federal and state guidelines, if any. 4.2 COPPELL shall install and be responsible for the maintenance and continuous operation of the Improvements. 4.3 LEWISVILLE shall be responsible for the payment of one-half of the purchase and installation cost of the traffic lights incurred in connection with operation of such Improvements, in the amount of Forty-Seven Thousand, Seven Hundred Forty-Three dollars and Twenty Cents ($47,743.20). Such payment shall be made upon completion of installation of the Improvements by COPPELL. 4.4 COPPELL shall maintain and operate the Improvements in a manner that will ensure safe and efficient movement of roadway traffic that is consistent with maintenance practices and operational requirements customary attributable to such improvements. 4.5 COPPELL'S maintenance responsibilities shall include, but not be limited to, preventative maintenance (periodic inspection, service and routine repairs) and emergency maintenance (trouble shooting in the event of equipment malfunction, failure, or damage) of the Improvements. 4.6 COPPELL shall be responsible for basic maintenance functions for the Improvements such as the tightening of nuts and replacing missing or deficient bolts (not including anchor bolts); replacing missing cap covers or equivalent; cleaning; replacement of missing or deficient access hole cover plates; all wiring issues; including improper grounding; graffiti removal; all signal related issues (lighting, signs and connections). 4.7. COPPELL may remove any component of the Improvements for repair; however, it shall not make any permanent modifications and/or equipment replacements to the Improvements unless the equipment provided is capable of performing at a minimum the same functions. Upgrades or modifications to the Improvements may be administratively approved with acceptance by both parties. 4.8 LEWISVILLE authorizes COPPELL’s employees and contractors to enter onto TM 129581 LEWISVILLE’s property (including easements under LEWISVILLE’s control) upon which the Improvements are located in order to carry out installation, maintenance, and operation duties on the Improvements as outlined herein. 5. TERMINATION. This Agreement may be terminated by mutual consent of the parties; or by any party, at any time, as to that party, upon notice in writing delivered by certified mail or personal service. Termination shall require at least sixty (60) days' notice and be effective at the end of the 60-day period unless otherwise agreed to by both parties in writing. Such termination shall be without prejudice to any obligations or liabilities of the parties accrued prior to such termination. Upon termination of this Agreement, COPPELL shall remove the Improvements from LEWISVILLE’s property (including easements under LEWISVILLE’s control) within sixty (60) days. Should COPPELL fail to remove the Improvements by this date, LEWISVILLE has the right, but not the obligation, to remove said Improvements and may issue an invoice to LEWISVILLE for the cost of the work. Should COPPELL terminate this agreement during the Initial Term, COPPELL shall repay LEWISVILLE a prorated amount of compensation to be calculated using the termination date. 6. NOTICE. Each party shall furnish such notice, as may be required from time to time, pursuant to this Agreement, in writing, posted in the U.S. Mail or by hand delivery, or by overnight delivery service and addressed as follows; City of Coppell, Texas City Manager 255 E. Parkway Blvd. Coppell, Texas 75019 City of Lewisville, Texas City Manager 151 West Church Street Lewisville, Texas 75057 7. APPLICABLE LAW AND VENUE. This Agreement has been constructed in accordance with the laws of the State of Texas. Should a dispute arise from this Agreement, the parties agree to litigate the matter in the appropriate court having jurisdiction in and for Denton County, Texas. 8. IMMUNITY. TM 129581 The parties to this contract agree that each party, each through its officials, employees, and agents, shall each be responsible for its own negligent acts or omissions or other tortious conduct in the course of the event permitted under this Agreement, without waiving any sovereign or governmental immunity available to any party under Texas law and without waiving any available defenses under Texas law. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. 9. PREPARATION. The preparation of this Agreement has been a joint effort of the parties hereto and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the others. 10. SEVERABILITY. It is declared to be the intent of the parties to this Agreement that, if any section, subsection, clause, paragraph, sentence, phrase, or provision of this Agreement is for any reason held unconstitutional, invalid, illegal or unenforceable in any respect, the invalidity thereof shall not affect the validity of the remaining portions. 11. MERGER/AMENDMENT This writing is intended both as the final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. Except as otherwise provided for herein, no modification of this Agreement shall be effective unless and until it is made in writing and signed by all parties. 12. COUNTERPARTS This Agreement may be executed in counterparts, and each fully executed counterpart shall be deemed an original instrument. EXECUTED this _______ day of _______________________, 2022. CITY OF COPPELL, TEXAS By: ________________________________ WES MAYS, MAYOR ATTEST: By:_________________________________ TM 129581 ASHLEY OWENS, CITY SECRETARY Approved as to form: ____________________________ Robert E. Hager, City Attorney ACCEPTANCE ACKNOWLEDGED BY: CITY OF LEWISVILLE, TEXAS: By:_________________________________ CLAIRE POWELL, CITY MANAGER ATTEST: By: ___________________________________ JULIE WORSTER, CITY SECRETARY Approved as to form: ____________________________ _______________, City Attorney TM 129581 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DENTON § This instrument was acknowledged before me on the _______ day of ___________, 2022, by Claire Powell, City Manager of the City of Lewisville, Texas, a Texas municipality, on behalf of said municipality. Notary Public, State of Texas My Commission expires: TM 129581 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of ___________, 2022, by Mike Land, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. Notary Public, State of Texas My Commission expires: Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6456 File ID: Type: Status: 2022-6456 Agenda Item Agenda Ready 1Version: Reference: In Control: City Council 08/15/2022File Created: Final Action: CISD SRO ILS 2022-2023File Name: Title: Consider approval of an Interlocal Agreement renewal between the City of Coppell and Coppell Independent School District for School Resource Officer (SRO) protection services for the school year 2022-2023; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: SRO Memo.pdf, ILA: CISD.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2022-6456 Title Consider approval of an Interlocal Agreement renewal between the City of Coppell and Coppell Independent School District for School Resource Officer (SRO) protection services for the school year 2022-2023; and authorizing the Mayor to sign. Summary Page 1City of Coppell, Texas Printed on 8/19/2022 1 MEMORANDUM To: From: Date: Reference: Mayor and City Council Danny Barton, Chief of Police August 23, 2022 Consider approval of an Interlocal Agreement renewal between the City of Coppell and Coppell Independent School District for School Resource Officer (SRO) protection services for the school year 2022-2023; and authorizing the Mayor to sign. Introduction: The Coppell Police Department provides five school resource officers and one school resource officer supervisor throughout the duration of the school year. This Interlocal Agreement is a renewal for the 2022/2023 school year. No changes have been made from last year to the upcoming school year. Background: The Coppell Police Department has provided school resource officers to the Coppell Independent School District for decades. In recent years, the Coppell Independent School District has shared in the costs of the School Resource Officer Program. Legal: The Interlocal Agreement was reviewed by City Attorney Robert Hager. Fiscal Impact: The City of Coppell will be reimbursed 50% of the wages and benefits for each School Resource Officer during the school year. PAGE 1 INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICER BETWEEN COPPELL INDEPENDENT SCHOOL DISTRICT AND THE CITY OF COPPELL, TEXAS (2022-2023) TM 130681 STATE OF TEXAS § COUNTY OF DALLAS § INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICER This Interlocal Agreement is made and entered into on this ____ day of August, 2022, by and between the City of Coppell, Texas (hereinafter referred as “CITY”), and the Coppell Independent School District (hereinafter referred to as “CISD”) make and enter into this Agreement for the purposes and consideration as set out below. WITNESSETH: WHEREAS, CISD and the Police Department of CITY previously instituted a cooperative SRO Program at various secondary schools of CISD to combat juvenile delinquency, to personally assist students with various problems involving potential involvement with law enforcement, to develop and maintain positive relations between students and CITY police officers and to assist CISD in maintaining a safe, orderly, and secure environment conducive to learning; and WHEREAS, CISD and CITY desire to continue and to expand the SRO Program at CISD campuses located within the jurisdictional boundaries of the CITY; and WHEREAS, CITY has full-time commissioned peace officers employed that are capable of providing CISD police protection services; and WHEREAS, the Interlocal Cooperation Act, Tex. Govt. Code Ch. 791 authorizes CITY and CISD to contract with one another for police protection, related administrative functions, and other governmental functions in which they are mutually interested; and WHEREAS, the CISD Board of Trustees has found, and hereby declares, it is in the best interests of CISD to have security personnel and law enforcement services to (1) protect the safety and welfare of its students, employees, and other persons authorized to be on CISD property or at CISD sponsored events or activities; and (2) protect the real and personal property of CISD; and WHEREAS, the CISD Board of Trustees desires to utilize the security and law enforcement services and personnel of CITY for those functions and purposes; and WHEREAS, the CITY desires to provide CISD the required law enforcement functions and services. NOW, THEREFORE, in consideration of the premises and of the terms, provisions, and mutual provisions herein contained, CITY and CISD hereby agree as follows: I. PURPOSE 1.01 The primary purpose of this Agreement is for CISD to secure the services of commissioned peace officers to protect the safety and welfare of CISD students and personnel and PAGE 2 INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICER BETWEEN COPPELL INDEPENDENT SCHOOL DISTRICT AND THE CITY OF COPPELL, TEXAS (2022-2023) TM 130681 CISD property. It is also the purpose of this Agreement to provide for the maintenance and expansion of the School Resource Officer Program by assigning School Resource Officers (“SRO”, singular and plural) to CISD’s schools located within the jurisdictional boundaries of the City of Coppell, Texas. Each party paying for the performance of governmental functions or services hereunder must make those payments from current revenues available to the paying party. The recitals and attachments to this Agreement, if any, are incorporated herein for all purposes as if set out herein verbatim. II. SERVICES AND OBLIGATIONS OF CITY The CITY, through the School Resource Officers, shall provide CISD the following services and related activities: A. Law Enforcement Services 2.01 CITY shall provide, based on availability, five (5) School Resource Officers and one (1) Sergeant, collectively SROs, which will be assigned to the Coppell High School, middle schools and elementary schools. The CITY shall be responsible for any other assignments or deployments including extracurricular activities at various CISD functions as may be requested by CISD. The CITY shall have the sole discretion to adjust the assignment and staffing for the SROs based on the Police Department certified peace officer staffing requirements. Provided however, SROs shall not be assigned routine student discipline, school administrative tasks, or contact with students unrelated to their law enforcement duties, but this prohibition does not prohibit informal contact with a student unrelated to the assigned duties of the SRO or an incident involving student behavior or law enforcement. 2.02 The SROs shall be, at all times, be a member and employee of CITY’s Police Department and has the authority of a sworn peace officer in the State of Texas. In addition to such authority, the officer, while functioning as an SRO, shall provide CISD with the following services at their respective assigned campuses: a) Such additional surveillance, investigation and respond to circumstances related to the school as the school may request to maintain a safe, tranquil composed atmosphere. For purposes of this paragraph, the SRO shall be authorized to accept requests and authorizations from the school’s principal and any assistant principal to undertake enforcement of state law and campus rules of decorum. b) Assistance with drug and alcohol education for students. c) Training staff members in the matters related to planning and conducting activities, promoting school safety including detecting and intervening in matters involving violation of school code of conduct and the laws of the State of Texas. d) Taking such steps as are deemed advisable to secure the safety of school personnel and students by intervening in any situation in a proactive manner to preserve good order and student/teacher/administrative staff. 2.03 The SRO will work eight (8) hour shifts instructional days during the regular school term with specific shifts to be determined by mutual consent of CISD and the CITY’s Police Department. Exceptions to such normal duty assignment may arise when an assigned SROs is in required training or is otherwise temporarily required elsewhere as determined by CITY. Subject to Section 5.02 of this Agreement, CITY shall provide seven (7) day notice to CISD prior to a PAGE 3 INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICER BETWEEN COPPELL INDEPENDENT SCHOOL DISTRICT AND THE CITY OF COPPELL, TEXAS (2022-2023) TM 130681 scheduled absence of an SRO due to a mandatory normal assignment from his or her assigned campus, including but not limited to absences resulting from required training, and shall at no time leave CISD with at least one (1) SRO assigned at Coppell High School and two (2) SROs assigned to cover the remaining CISD campuses. The Parties agree that every effort should be made to schedule and/or designate vacation days, compensatory time, and other days off at times when school is not in session or at other times when the SRO’s absence will not otherwise create an unnecessary risk or hamper school operations. During the summer break as identified in the official CISD school calendar, the CITY shall assign one (1) SRO to a high school campus and other campuses mutually agreeable by the Parties. 2.04 The SROs shall monitor access to the school grounds and assist in limiting access only to authorized persons. 2.05 The SROs shall assist CISD personnel in protecting the property/assets of CISD and the security and safety of its students, personnel, and visitors in accordance with state law. 2.06 The SROs shall investigate and/or deter the commission of criminal acts that may occur on CISD property within the jurisdictional limits of the CITY. 2.07 The SROs may coordinate the Crime Stoppers Program. 2.08 The SROs will serve as liaison between CISD schools and CITY's Police Department, juvenile officials, probation officials, courts, and other agencies of the juvenile justice system. 2.09 The SROs may provide a high visibility, crime deterrent on CISD properties, including but not limited to its buildings, parking lots, and athletic facilities. 2.10 The SROs will attempt to detect and identify the early signs of deviant behavior and inappropriate associations of persons. 2.11 The SROs may be present, upon request, when a school official is conducting a search of person and/or property in accordance with state and federal law by the school official when such official has reasonable grounds and/or probable cause to believe that the search will discover evidence that the person has violated state law. 2.12 CITY Police Department shall be responsible for completing all National Incident Based Reporting System reports related to Class A and B misdemeanor offenses, State offenses and felony offenses filed and reported by the CITY Police Department. 2.13 CITY Police Department may exercise jurisdiction to enforce the Texas Penal Code, Texas Education Code and all other criminal statutes on CISD property within the jurisdictional limits of the CITY. 2.14 SROs shall be responsible for investigating offenses, issuing citations, making arrests or filing charges, as applicable, for all offenses occurring on CISD property within the jurisdictional limits of the CITY in accordance with state and local laws including, but not limited to, incident reports and incident-based reports. 2.15 SROs shall be reasonably present during student passing periods and lunch periods. PAGE 4 INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICER BETWEEN COPPELL INDEPENDENT SCHOOL DISTRICT AND THE CITY OF COPPELL, TEXAS (2022-2023) TM 130681 B. Education Services 2.16 Based on assignment and availability, SROs shall participate as resource person in the classroom, at assemblies, with parent groups, teach classes, lead focus groups, or offer information on law enforcement topics, campus security, or other Police Department programs. SROs are tasked only with duties related to law enforcement intervention and no behavioral or administrative duties better addressed by other CISD employees. C. Public Relations 2.17 The SRO shall, upon request and approval by the CITY Police Department, provide presentations to civic groups on law enforcement/youth related topics such as School Resource Officer programs, gang activities and gang intervention strategies. 2.18 The SRO shall provide interpretation of the function and purpose of the SRO Program for the community. The SRO shall assist in facilitating and maintaining good relations between CISD and other law enforcement units and officers. D. Guidance Services 2.19 The SRO shall assist in providing guidance and direction to students, parents, and school staff in law enforcement matters. E. Detention Services 2.20 CITY Police Department shall provide jail services and transport services for offenders who commit offenses that occur on CISD property and within its jurisdiction as defined in Article III. III. JURISDICTION 3.01 When acting as a commissioned peace officer for the CITY, the officer's jurisdiction shall include, in addition to his jurisdiction as a CITY Police Officer, all territ ory within the boundaries of the CISD that is within the city limits of Coppell and all property, real and personal, outside the district boundaries of CISD that is within Coppell city limits and owned, leased, or rented by or otherwise under the control of CISD and its Board of Trustees. 3.02 Violations and infractions observed and/or reported to SRO of school rules and policies should be reported by the SRO to the appropriate CISD school officials. IV. QUALIFICATIONS 4.01 The SRO assigned by the CITY Police Department shall have the following qualifications: A. Must continuously satisfy all minimum standards for peace officers established from time to time by the Texas Commission on Law Enforcement Officer Standards and Education and additional standards, if any, of CITY's Police Department, and must be licensed as provided by Texas Occupations Code Chapter 1701; B. Satisfactory knowledge of juvenile laws and procedures; PAGE 5 INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICER BETWEEN COPPELL INDEPENDENT SCHOOL DISTRICT AND THE CITY OF COPPELL, TEXAS (2022-2023) TM 130681 C. Demonstrated ability to communicate effectively; D. Demonstrated ability to develop sincere relationships with students; and E. Selection and assignment of the SRO will conform to CITY Police Department General Order 400.011, as may be amended. 4.02 The CITY, in the sole discretion of the Chief of Police, shall determine the assignment at the specific school of all SRO personnel. Should CISD be dissatisfied with the performance of an assigned SRO, CISD shall have the right to request a change of personnel, and the Chief of Police shall honor such request within a reasonable period of time. V. EMPLOYEES OF THE CITY 5.01 All SROs furnished by CITY will be employees of CITY and will at all times be subject to the supervision and control of the CITY's chain of command up to Chief of Police and SROs shall be responsible to the Chief of Police as in all other matters. 5.02 All SROs furnished by CITY have the protection of CITY as the primary responsibility. Therefore, at any time when manpower requirements demand more personnel for protection of CITY, all or a portion of the SROs may be reassigned or redeployed from schools for a temporary period until such deployment is no longer required at the discretion of the Chief of Police. 5.03 The supervisory personnel of the CITY Police Department assigned to the SRO shall be available at all reasonable times to confer with designated officials of CISD and to discuss the performance of the SROs assigned to respective school(s). VI. SERVICES AND OBLIGATIONS OF CISD CISD shall fulfill the following obligations in return for the CITY's performance of the services provided herein: 6.01 CISD will provide each SRO with the exclusive use of a desk, office chair, file cabinet, telephone with voice mail, and any other office furniture or supply needed for use of everyday operation for each SRO, which shall be considered to be CISD property for the full term of the agreement. All notes, file and materials maintained by the SRO, regardless of source, shall be considered to be law enforcement records not subject to laws, rules, regulations and school practices regarding student records. 6.02. CISD shall provide the SROs with exclusive use of the following equipment during the term of this agreement: computer with full internet access, school radio, keys and/or entry card for all school buildings or campus location. The SRO may be required to sign a CISD acceptable use agreement regarding use of the CISD computer and internet. PAGE 6 INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICER BETWEEN COPPELL INDEPENDENT SCHOOL DISTRICT AND THE CITY OF COPPELL, TEXAS (2022-2023) TM 130681 6.03 COMPENSATION. SROs shall be at all times, shall be an employee of CITY for purposes of payroll, taxes, benefits, and liability. Under no circumstances shall SRO be considered to be an employee of CISD. SRO will be paid for regular duty by the CITY. Any off-duty or extracurricular activity for CISD scheduled outside of routine schedule instruction will be posted by the CITY but will be paid at a rate of $50.00 per hour paid by the CISD. SRO supervisor may assist scheduling with CISD and shall COORDINATE through the department on certain off-duty events. 6.04 CISD shall pay to the CITY an amount equivalent of fifty percent (50%) of the base salary plus 50% of their benefits (insurance plus other defined benefits under City policy) and overtime for each SROs attributable to the deployment during the academic years of SRO by CITY, payable quarterly. 6.05 When CITY police officers are requested by CISD administrators t o provide law enforcement services for CISD athletic, extra-curricular or special events, compensation will be at the CITY overtime rate of the individual officer(s) assigned to the event. The CITY will make payment to the officer(s) at the overtime rate and will invoice the CISD on a quarterly basis for reimbursement, the assignment at the rate of payment equal to one half of the total hours worked multiplied by $50.00 off duty rate. 6.06 In the event that one or more SRO are redeployed or removed from service at a CISD location or function due to the provision set forth in section 5.02, the CISD will not be required to compensate the CITY for the affected SRO. VII. TERM 7.01 Operations under this agreement of full staffing of multiple SRO’s shall commence on August 15, 2022, and terminate on May 30, 2023, thereafter if neither Parties evoke Section 7.02 the agreement shall be extended for the next academic year in writing and signed by both parties. During “summer school” dates for 2023, the agency shall assign one SRO at Coppell High School through the duration of “summer school”. This agreement may be terminated at an earlier time by either party giving written notice to the other party stating when, not less than 30 days from the date of delivery, the termination shall take effect. 7.02 After January 1, 2023, either party may terminate the Agreement by giving the other party written notice of such termination at least ninety (90) days prior to the effective date of such termination, which may only be effective on the last day of the calendar month. Termination of this Agreement shall not excuse any of the payments due for services provided prior to the effective date of the termination of this Agreement. VIII. NOTICES AND ADMINISTRATION 8.01 All notices, communications and reports required or permitted under this Agreement shall be personally delivered to the respective parties, by depositing same in the United States mail, postage prepaid, at the addresses shown below, unless and until either party is subsequently notified otherwise in writing: PAGE 7 INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICER BETWEEN COPPELL INDEPENDENT SCHOOL DISTRICT AND THE CITY OF COPPELL, TEXAS (2022-2023) TM 130681 If intended for CITY, to: CHIEF OF POLICE City of Coppell 130 Town Center Blvd. Coppell, Texas 75019 If intended for CISD, to: SUPERINTENDENT OF SCHOOLS Coppell Independent School District Brad Hunt 200 S. Denton Tap Road Coppell, Texas 75019 IX. MISCELLANEOUS PROVISIONS 9.01 VENUE: The obligations of the parties are performable in Coppell, Texas, and if legal action is necessary to enforce same, exclusive venue shall be in Dallas County, Texas. 9.02 APPLICABLE LAW: This Agreement is made subject to the provisions of the Charter and Ordinances of CITY, as amended, enacted written Policies of CISD's Board of Trustees, as amended, and all applicable State and Federal laws. 9.03 GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 9.04 ATTORNEYS’ FEES: If any lawsuit or other legal proceeding is brought by one party against the other party in connection with this Agreement, the prevailing party shall be entitled to and shall record from the other party all reasonably incurred attorneys’ fees as set forth in Texas Local Government Code Section 271.153(a)(3). 9.05 LEGAL CONSTRUCTION: In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of it and this Agreement shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 9.06 CAPTIONS: The captions to the various clauses of this Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement. 9.07 COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 9.08 ENTIRE AGREEMENT: This Agreement embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties and relating to matters in this Agreement, and, except as otherwise provided herein, PAGE 8 INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICER BETWEEN COPPELL INDEPENDENT SCHOOL DISTRICT AND THE CITY OF COPPELL, TEXAS (2022-2023) TM 130681 cannot be modified without written agreement of the parties to be attached to and made a part of this Agreement. 9.09 MODIFICATION AND AMENDMENTS: This Agreement may be amended or modified at any time by mutual agreement of the authorized representatives of the signatories to this Agreement. Such amendment or modification shall require a written document executed by all parties to the Agreement. The parties further agree to amend this Agreemen t to the extent amendments are required by an applicable law or policy issued by an appropriate regulatory authority if the amendment does not materially affect the provisions of this Agreement. However, if new laws, policies, or regulations applicable to the parties are implemented which materially affect the intent of the provision of this Agreement, the authorized representatives of the signatories to this Agreement shall meet within a reasonable period of time, e.g. 20 business days from the date of notice of such change of law, policy, or regulations, to confer regarding how and/or if those laws, policies, or regulations will be applied or excepted. 9.10 INSURANCE: Each of the parties shall at its sole costs provide liability insurance for its respective governmental bodies covering the activities set forth herein. 9.11 NO AUTHORITY TO BIND: Neither CITY, nor SRO, has the authority to enter into contracts or agreements on behalf of the CISD. 9.12 FAIRNESS PRINCIPAL: All students, employees, agents, and members of the Board of Trustees will be treated by CITY and/or SRO under this Agreement without regard to sex, race, color, religion, national origin, or disability. Both parties, in the performance of this Agreement, will not discriminate against any person or persons because of sex, race, color, religion, national origin, or disability nor will either party permit its employees to engage in such discrimination. 9.13 CONFIDENTIALITY: CITY and/or SRO understands and agrees that any medical or personal information learned by CITY and/or SRO about any person who is a student, or any family member of a student, is privileged information and is subject to all State and Federal laws which protect the rights of students or patients, including but not limited to the Family Educational Rights and Privacy Act (“FERPA”) and the Individuals with Disabilities Education Act (“IDEA”). CITY and/or SRO agrees that information learned by it about any student, or about incidents or events involving the CISD, will not be divulged, disclosed, or discussed with any person other than authorized CITY personnel, or unless otherwise authorized or obligated by State and Federal Laws or other policies of the CISD and that it will comply with any provisions regarding redisclosure of the records as required therein. 9.14 IMMUNITY: Each of the parties acknowledge that such is performing governmental services to the other for the benefit of the public; and, nothing contained herein shall be deemed to waive any of its respective governmental immunities under state and/or federal law, jointly or severally. To the extent allowed by law, governmental immunities under state and/or federal law shall extend from CISD to CITY and/or from CITY to CISD. PAGE 9 INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICER BETWEEN COPPELL INDEPENDENT SCHOOL DISTRICT AND THE CITY OF COPPELL, TEXAS (2022-2023) TM 130681 EXECUTED as of the ______ day of ___________________, 2022. CITY OF COPPELL, TEXAS COPPELL INDEPENDENT SCHOOL DISTRICT By:____________________ By:______________________ Wes Mays, Mayor Brad Hunt, Superintendent ATTEST: ATTEST: _______________________ ________________________ Ashley Owens, City Secretary ______________, Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: _______________________ ________________________ Robert E. Hager, City Attorney Attorney for Board of Trustees Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6468 File ID: Type: Status: 2022-6468 Agenda Item Agenda Ready 1Version: Reference: In Control: City Council 08/16/2022File Created: Final Action: Grapevine Jail Services ILA 22-23File Name: Title: Consider approval of an Interlocal Agreement with the City of Grapevine to provide detention services for all detainees of the City of Coppell Police Department in an amount not to exceed $121,808.00; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Detention ILA Memo.pdf, ILA: City of Grapevine.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2022-6468 Title Consider approval of an Interlocal Agreement with the City of Grapevine to provide detention services for all detainees of the City of Coppell Police Department in an amount not to exceed $121,808.00; and authorizing the Mayor to sign. Page 1City of Coppell, Texas Printed on 8/19/2022 1 MEMORANDUM To: Mayor and City Council From: Danny Barton, Chief of Police Date: August 23, 2022 Reference: Consider approval of an Interlocal Agreement with the City of Grapevine to provide detention services for all detainees of the City of Coppell Police Department in an amount not to exceed $121,808.00; and authorizing the Mayor to sign. Introduction: The City of Coppell Police Department is recommending approval to enter an Interlocal Agreement with the City of Grapevine for use of their city jail. The Interlocal Agreement is for one year at a flat fee cost of $121,808.00. Future rates will be based on a three- year rolling annual average of persons booked into the Grapevine Jail by Coppell Police Department. The agreed upon rate is currently $248.60 per prisoner. Background: The Coppell Police Department entered an Interlocal Agreement with the City of Carrollton in September of 2012. The Interlocal Agreement was for use of the City of Carrollton jail. In December of 2021, the City of Carrollton notified The City of Coppell that they wished to terminate the Interlocal Agreement effective September 30, 2022. After speaking with several area jails, the Grapevine Police Department agreed to enter an Interlocal Agreement with the City of Coppell for jail operations. Legal: The Interlocal Agreement was reviewed by City Attorney Robert Hager. Fiscal Impact: The $121,808.00 will be funded by the Crime Control Fund. This amount is within annually budgeted jail costs in the Crime Control Fund. PAGE 1 INTERLOCAL COOPERATION AGREEMENT FOR JAIL SERVICES CITY OF GRAPEVINE AND CITY OF COPPELL INTERLOCAL COOPERATION AGREEMENT FOR JAIL SERVICES This Interlocal Cooperation Agreement for Jail Services (“Agreement”) is entered into as of the Effective Date by and between the City of Grapevine (“Grapevine”), a Texas home-rule municipality and the City of Coppell (“Coppell”), a Texas home-rule municipality, by and through their authorized representatives. Grapevine and Coppell are at times each referred to herein as a “party” or collectively as the “parties.” RECITALS: WHEREAS, Coppell desires to use the Grapevine Jail Facility located at 1007 Ira E. Woods Avenue, Grapevine, Texas 76051 (“Facility”) for the handling, processing, housing and detention of persons arrested by Coppell Police Department personnel (“Coppell Police”); and WHEREAS, the Interlocal Cooperation Act, Chapter 791, Texas Government Code authorizes units of government to contract with one or more units of local government to perform governmental functions and services; and WHEREAS, the parties desire to enter into an agreement authorizing Coppell to use the Facility and setting forth the terms and conditions by which Grapevine will agree to provide the Jail Services (as defined below) to Coppell; and WHEREAS, the parties find it is mutually advantageous to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, Grapevine and Coppell hereby agree as follows: Article I Purpose; Term 1.1 Purpose. The purpose of this Agreement is to provide the terms and conditions under which persons arrested by the Coppell Police Department may be detained and housed at the Facility as well as the respective responsibilities of the parties relating to the provision of Jail Services to Coppell by Grapevine. 1.2 Term. The initial term of this Agreement during which Jail Services will be provided as described herein shall commence on October 1, 2022 (the “Effective Date”) and shall expire on September 30, 2023 (“Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew for up to two (2) additional one (1) year periods commencing October 1st of each year (each a “Renewal Term”) for a maximum term of three (3) years ending September 30, 2025 (the Initial Term and Renewal Term are collectively referred to herein as the “Term”). Either party may elect not to renew this Agreement by providing written notice of its intent not to renew not later than one hundred and eighty (180) days prior to the expiration of the then current term. Article II PAGE 2 INTERLOCAL COOPERATION AGREEMENT FOR JAIL SERVICES CITY OF GRAPEVINE AND CITY OF COPPELL Termination 2.1. Termination. This Agreement may be terminated by either party providing the other party written notice of termination not less than one hundred and eighty (180) days written notice prior to the anticipated date of termination; provided, however, such termination date must be the last day of a calendar month. 2.2. Default; Notice to Cure. A party shall be deemed in default under this Agreement if the party is in breach of a material provision of this Agreement and said breach is not cured within thirty (30) days written notice of default by the other party. In the event the breaching party has notified the other party in writing that it is diligently working to cure the breach and has provided reasonable evidence in support of the same, the breaching party shall not be deemed in default until the sixtieth (60th) day following the non-breaching party’s notice of default. 2.3 Reimbursement. If this Agreement is terminated by either party, Grapevine shall refund to Coppell a portion of the Service Fee previously paid, pro-rated with respect to the number of calendar months remaining in the current annual term as of the date of termination. Receipt of payment and/or reimbursement under this section shall not constitute a waiver of any rights or claims of the parties that may otherwise arise out of this Agreement. Article III Performance of Services by Grapevine 3.1 Jail Services. Grapevine shall provide the following services (collectively “Jail Services”) in accordance with Grapevine Police Department policies and procedures and applicable federal and state laws and regulations: (a) Intake of inmates (17 years of age and older) brought to the Facility by Coppell (each an “Coppell Inmate”); (b) Complete inventory and storage of each Coppell Inmate’s personal property (excluding property to be logged into evidence). Grapevine shall use a standardized method of prisoner property intake in conformance with the County Jail requirements, dependent on the Coppell Inmates anticipated transfer location; (c) Create and maintain a comprehensive medical and personal history statement, including next of kin contact information for each Coppell Inmate; (d) Photograph and fingerprint each Coppell Inmate; (e) House and detain each Coppell Inmate in the Facility until transferred to another jail facility, or released on bond, or removed from the Facility by other lawful means; (f) Feed and clothe each Coppell Inmate in the same manner as Grapevine inmates; (g) Operate and maintain the Facility in accordance with applicable laws and regulations; and PAGE 3 INTERLOCAL COOPERATION AGREEMENT FOR JAIL SERVICES CITY OF GRAPEVINE AND CITY OF COPPELL (h) Transportation of Coppell Inmates to the Dallas County Lew Sterrett Justice Center for incarceration; provided, the parties acknowledge that, as of the Effective Date, Grapevine is still in the process of acquiring the necessary personnel and equipment to assume full responsibility for the transport of Coppell Inmates. Accordingly, the parties have agreed to cooperate in developing a temporary plan for such transports until Grapevine is able to assume full responsibility for the same, which shall occur on or before March 31, 2023 (the “Transport Deadline”). In the event Grapevine is unable (regardless of reason) to assume full responsibility by the Transport Deadline, Grapevine shall notify Coppell in writing of the same and Coppell may, at its sole option, (i) negotiate an extension with Grapevine to comply with this subsection, or (ii) assume responsibility for transportation under this subsection and negotiate an equitable reduction the Service Fee. Any cost(s) associated with the final transport plan for Coppell Arrestees shall be evaluated by the parties during development of the plan and resolved prior to implementation. 3.2 Collection of Bonds and Fines. Either party, or a third-party independent contractor chosen by Grapevine with the consent of Coppell (which shall not be unreasonably withheld), shall collect bonds and fines associated with Coppell Inmates and deliver the funds to the City of Coppell in a timely manner. 3.3 Interview Rooms/Report Areas. Grapevine shall provide access to (i) secure interview room(s) within the Facility for the purpose of prisoner interviews/interrogations, and (ii) report writing area(s) for Coppell Police (Coppell shall be responsible for its own computer/hardware). Grapevine will provide copies of Coppell Inmate interview recordings to Coppell Police in a timely manner. 3.4 Inmate Reports. Upon written request by Coppell, Grapevine shall promptly provide a report of Coppell Inmate statistics, including (i) the number of Coppell Inmates booked in during the applicable report period, (ii) the length of stay, (iii) book-in date and release date, and (iv) any urgent or emergency medical or mental health care attention needed or received. In addition and upon written request, Grapevine will promptly provide individual Coppell Inmate information obtained during the book-in and housing of inmates, including audio and video recordings. 3.5 Medical Calls for Service. Subject to the provisions of Section 3.6, below, Grapevine Fire Department ("GFD") will respond to the medical calls for service for Coppell Inmates housed at the Facility in conformance with the adopted policies of GFD and the Facility. 3.6 Medical Transfers; Right of Refusal. (a) Transfer Upon Arrival. If an Coppell arrestee arrives at the Facility with a medical emergency that requires the arrestee being transferred to the emergency room prior to book-in, Coppell Police shall be responsible for accompanying the arrestee to the medical facility. In the event of a medical or mental health care emergency, Grapevine Fire Department ("GFD") will be summoned and may transport Coppell arrestees in accordance with existing GFD protocols. PAGE 4 INTERLOCAL COOPERATION AGREEMENT FOR JAIL SERVICES CITY OF GRAPEVINE AND CITY OF COPPELL (b) Transfer of Inmates. Coppell Police will generally be responsible for the transfer of Coppell Inmates requiring transfer to a medical or mental health facility. In the event a Coppell Inmate booked into the Facility requires transportation for an emergency or for urgent medical or mental health care and an Coppell officer has not arrived to escort and guard the Coppell Inmate, Grapevine may, if reasonably available, provide an officer escort and guard the Coppell Inmate; provided, that Coppell shall assume such responsibility as soon as practical. (c) Right of Refusal. Notwithstanding the any other provision of this Section 3.6, Grapevine may, in its sole discretion, refuse to accept for processing into the Facility any Coppell Inmate that requires immediate transfer to medical facility for medical treatment or services. Article IV Coppell Obligations 4.1. Book-in Documentation. Coppell Police shall be responsible for submitting the appropriate book-in document(s) to Facility staff at the time of book-in. In addition, the original arrest warrant signed by a magistrate and any probable cause affidavit shall be submitted to Facility staff no later than 10 am daily. 4.2. Medical Documentation. Coppell Officers shall promptly provide Facility Staff a list of any known medical conditions, suicidal tendencies, mental health issues, or other special needs of each Coppell Prisoner, and shall be responsible for providing all Coppell Inmate medications available to Coppell officers to Facility staff at the time of book-in. 4.3. Blood Draws. Coppell shall provide DPS blood kits for any Coppell Inmate that will have a blood drawn. 4.4. Case Files; Evidence; Dangerous Property. Coppell shall be responsible for preparing criminal case reports for all Coppell Inmates and for managing all other Coppell arrest and court related paperwork. Coppell Officers shall take and maintain possession of all evidence and dangerous or unapproved prisoner property at the time of book-in. Coppell Officers shall be responsible for chain of custody and storage for all cases in which an Coppell Inmate was arrested. 4.5. Arraignment Procedures. Coppell shall be responsible for coordinating and processing the arraignment of Coppell Inmates with the Facility; provided, such arraignment procedures shall not unreasonably interfere with or delay Grapevine’s arraignment procedures. Coppell shall provide one or more magistrates that will generally be available to arraign the Coppell Inmates at the Grapevine Detention Center on a 24/7 basis. Coppell shall be responsible for the timing of arraignments for Coppell Inmates; provided, that Coppell shall cause each of the Coppell Inmates to be arraigned within forty-eight (48) hours following detention at the Facility. The parties will mutually develop a procedure for Coppell to notify Grapevine when Coppell Inmates are arraigned. PAGE 5 INTERLOCAL COOPERATION AGREEMENT FOR JAIL SERVICES CITY OF GRAPEVINE AND CITY OF COPPELL 4.6. Release of Inmates. Coppell may, in its sole discretion, authorize the release of an Coppell Inmate from the Facility prior to arraignment. In such cases, Coppell Police, as the arresting agency, shall be responsible for authorizing the release for both the charges as well as any warrants confirmed by Coppell Police. Coppell shall further provide Facility staff a written authorization for the release in a form reasonably acceptable to Grapevine prior to releasing the inmate. 4.7. Compliance with Facility Rules. Coppell shall comply with all adopted Grapevine rules, procedures, regulations and general orders applicable to the detention and jail of inmates at the Facility (the “Facility Rules”), except where such compliance would be in conflict with applicable law and/or regulations governing certification of the Coppell Police Department by various organizations ( i.e., CALEA, etc.). Grapevine shall promptly provide written notice of any changes to the Facility Rules during the Term of this Agreement. Article V Service Fee; Reimbursement 5.1 Jail Services Fee. Coppell agrees to pay Grapevine an annual service fee as consideration for the provision of the Jail Services described in this Agreement (the “Service Fee”), which shall be pre-paid in full on or before October 1st of each year during the Term. The amount of the Service Fee shall be determined as follows: (a) The Service Fee for the Initial Term shall be $121,808.00, which is based upon a three (3) year rolling annual average of 428 persons arrested and booked into a jail facility, or an average fee of $248.60 per person ($121,808 / 428 = $248.60) (the “Per Person Fee”). (b) For each annual Renewal Term, the Service Fee shall be adjusted (increased or decreased) based upon the change in the annual average number of persons booked in by Coppell Police for the thirty-six (36) month period ending on May 31st of the then current term (“Average Bookings"). Specifically, the adjusted Service Fee will be calculated by multiplying the then current Average Bookings (rounded to the nearest whole number) by the Per Person Fee set forth in subsection (a), above. By way of example, if the Average Arrestees increases to 500, then the Service Fee for the upcoming Renewal Term would be $142,300 (500 x $284.60 = $142,300). Conversely, if the Average Arrestees decreases to 400, then the Service Fee for the next Renewal Term would be $113,840 (284.60 x 400 = $113,840). 5.2 Adjustment Notice. Grapevine shall, on or before June 5th of each year, provide Coppell with a written report containing the number of Coppell Inmates processed into the Facility during the current term through May 31st, along with notice of the adjusted Service Fee for the following Renewal Term (calculated in conformance with Section 5.1(b), above). 5.3 Subpoenas; Costs. In the event a Grapevine employee receives a subpoena for testimony (including deposition) in connection with a case filed by Coppell involving an Coppell Inmate, Grapevine will promptly notify Coppell and provide a copy of the same. Coppell shall have the right, but not the obligation, to object to such subpoena by filing a motion with the court PAGE 6 INTERLOCAL COOPERATION AGREEMENT FOR JAIL SERVICES CITY OF GRAPEVINE AND CITY OF COPPELL at its sole cost. Notwithstanding the foregoing, Coppell shall reimburse Grapevine for the cost of any employees required to appear in any criminal court in cases filed by the Coppell Police Department in connection with a Coppell Inmate booked into and/or held at the Facility. The reimbursement amount shall be equal to the actual cost that would be incurred by Grapevine if the employee was testifying or being required to attend court for a Grapevine criminal case. 5.4 Service Fee Credit. Notwithstanding the foregoing provisions of this Article V, if Grapevine is unable to accept and house any Coppell Inmates as provided by this Agreement for any reason (including an event of Force Majeure), Grapevine will, at the election of Grapevine, either (i) provide equivalent access and services to Coppell through an alternate facility, or (ii) provide Coppell a credit against the amount of the next Service Fee due and payable in an amount equal to 1/365th of the amount of the then current annual Service Fee multiplied by the total number of days Grapevine was unable to accept and house Coppell Inmates (a “Fee Credit”). If this Agreement has expired or terminated such that no future Service Fee against which a Fee Credit may be applied will be paid, Grapevine agrees to pay the amount of such Fee Credit to Coppell not later than thirty (30) days after the date of expiration or termination of this Agreement, which obligation shall survive the termination of this Agreement. Article VI Availability of Revenue Each party paying for the performance of governmental functions or services pursuant to this Agreement shall make those payments from current revenues available to the paying party. The parties represent and agree that the payments required by this Agreement by the paying party will fairly compensate the performing party for the services or functions performed under this Agreement. Article VII Insurance 7.1 Insurance Coverage. Each party shall, during the Term of this Agreement, obtain and maintain insurance coverage required by this Article. Limits of insurance required by this section can be in any combination of underlying and excess coverage inclusive of self-insured retention. (a) commercial general liability insurance with a minimum limit of $1,000,000 per occurrence and $2,000,000 aggregate; (b) commercial automobile insurance covering any automobile used in performance of this Agreement with a minimum limit of $1,000,000 per accident; (c) workers’ compensation insurance at statutory limits; (d) employer’s liability insurance with minimum limits of $1,000,000 per accident, $1,000,000 each employee by disease and $1,000,000 policy limit by disease; and (e) Law Enforcement Liability insurance with minimum limits of $1,000,000 each wrongful act. PAGE 7 INTERLOCAL COOPERATION AGREEMENT FOR JAIL SERVICES CITY OF GRAPEVINE AND CITY OF COPPELL 7.2 Insurance Requirements. All insurance and certificate(s) of insurance required by Section 7.1, above, shall be endorsed to contain the following provisions: (1) name the other party, its officers, and employees as additional insureds as to all applicable coverage with the exception of Workers Compensation Insurance; (2) provide for at least thirty (30) days prior written notice to the other party for cancellation or non-renewal of the insurance; (3) provide for a waiver of subrogation against the other party for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance; (4) coverage shall be on a primary basis and non-contributory with any other insurance coverage and/or self-insurance carried by the other party. Each party shall provide written notice to the other party of any material change of, or to, the insurance required herein. All insurance companies providing insurance coverage required by this section shall be authorized to transact business in Texas and rated an “A” by AM Best or other equivalent rating service. Each party shall submit to the other certificate(s) of insurance evidencing insurance coverage required by this Article together with copies of all endorsements, additional insured endorsements, and waiver of subrogation endorsements. Article VIII Liability/Immunity 8.1 Liability. Each party agrees to the extent authorized under the Constitution and the laws of the State of Texas, to be fully responsible for any and all claims for damages, costs, and expenses to person or persons and property that may arise out of or be occasioned by this Agreement, including but not limited to its acts of negligence or omission in the arrest, book-in and detention for their respective inmates. Each party, to the extent allowed by law and without waiving any rights, defenses or protections provided therein, agrees to be responsible for its own acts of negligence. 8.2. Joint Responsibility. In the event of joint or concurrent negligence of the parties, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas without, however, waiving any governmental immunity or defense available to any party individually under Texas law. Grapevine shall be responsible for its sole negligence. Coppell shall be responsible for its sole negligence. The provisions of this section are solely for the benefit of the parties and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 8.3 No Waiver of Immunity. It is expressly understood and agreed that, in the execution of this Agreement, no party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. To the extent authorized under the Constitution and laws of the State of Texas, and without waiving sovereign immunity, each party shall be responsible for any and all claims, demands, suits, actions, damages, and causes for action related to or arising out of or in any way connected with its own actions, and the actions of its personnel rendered or performed pursuant to the terms and conditions of this Agreement. Each party agrees to obtain general liability, public official’s liability, if applicable, or maintain a comparable self- PAGE 8 INTERLOCAL COOPERATION AGREEMENT FOR JAIL SERVICES CITY OF GRAPEVINE AND CITY OF COPPELL insurance program. Article IX Miscellaneous Provisions 9.1 Consideration. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties. 9.2 Notice. All notices required by this Agreement shall be in writing and addressed to the parties at the addresses set forth on the signature page(s) (or to such other address that may be designated by the receiving party from time to time in accordance with this section). All notices shall be delivered by (a) personal delivery, (b) certified or registered mail (in each case, return receipt requested, postage prepaid), (c) nationally recognized overnight courier (with all fees pre- paid), or (d) e-mail of a PDF document containing the notice. Such notice or document shall be deemed to be delivered or given, whether actually received or not, (i) when received if delivered or given in person, (ii) if sent by United States mail, three (3) business days after being deposited in the United States mail as set forth above, (iii) on the next business day after the day the notice or document is provided to a nationally recognized carrier to be delivered as set forth above, or (iv) if sent by email, the next business day. A confirmation of delivery report which reflects the time that the email was delivered to the recipient’s last notified email address is prima facie evidence of its receipt by the recipient, unless the sender receives a delivery failure notification, indicating that the email has not been delivered to the recipient. For purposes of notification, the addresses of the parties shall be as follows: 9.3 Entire Agreement. This Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both parties. 9.4 Venue and Governing Law. This Agreement and any of its terms or provisions, as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas. Venue for any suit between the parties arising from or related to this Agreement shall be in Dallas County, Texas. 9.5 Authority to Execute. The individuals signing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. 9.6 Severability. The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause or phrase of this Agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and effect of the law, PAGE 9 INTERLOCAL COOPERATION AGREEMENT FOR JAIL SERVICES CITY OF GRAPEVINE AND CITY OF COPPELL such decisions shall not affect the remaining portions of this Agreement. However, upon the occurrence of such event, either party may terminate this Agreement by giving the other party fifteen (15) days written notice of its intent to terminate. 9.7 Amendments. This Agreement may only by amended by a written instrument signed by authorized representatives of both parties. 9.8 Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail and/or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party. 9.9 Assignment. This Agreement may not be assigned by any party hereto without the prior written consent of the other party. 9.10 Force Majeure. No party shall be liable to the other party for any failure, delay, or interruption in the performance of any of the terms, covenants, or conditions of this Agreement due to causes beyond the party’s respective control or because of applicable law, including, but not limited to, war, nuclear disaster, strikes, boycotts, labor disputes, embargoes, acts of God, acts of the public enemy, acts of superior governmental authority, floods, riots, rebellion, sabotage, terrorism, a government restriction, quarantine, or mandatory closure order enacted in response to a pandemic or other public health crises, or any other circumstance for which a party is not legally responsible or which is not reasonably within its power to control (each an event of “Force Majeure”). The party asserting Force Majeure shall give prompt notice to the other party of the prevention of performance as soon as the asserting party is reasonably aware of such prevention and has the burden of demonstrating (i) how and why their performance was so prevented, (ii) the period of time during which they were so prevented from performing (which under the facts may be equal to, or shorter or longer than, the duration of the Force Majeure event itself), and (iii) that the party used reasonable efforts to mitigate and/or eliminate such prevention and resumed performance under this Agreement as soon as reasonably practicable. 9.11 Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed, that each party has had an opportunity to confer with counsel, on the matters contained herein. 9.12 Drafting Provisions. This Agreement shall be deemed to have been drafted equally by all parties. The language of all parts of this Agreement shall be constructed as a whole according to its fair and common meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this Agreement. 9.13 Independent Contractor. Except as otherwise expressly provided herein, Coppell and Grapevine agree and acknowledge that each entity is not an agent of the other entity and that each entity is responsible for its own acts, forbearance, negligence and deeds, and for those of its agents or employees in conjunction with the performance of services covered under this Agreement. PAGE 10 INTERLOCAL COOPERATION AGREEMENT FOR JAIL SERVICES CITY OF GRAPEVINE AND CITY OF COPPELL 9.14 No Third-party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third-party beneficiaries by entering into this Agreement. 9.15 Business Day. For purposes of this Agreement, the phrase “business day” means a day that is not a Saturday, a Sunday, a federally recognized holiday, the Friday after Thanksgiving Day, or such other day the Grapevine City Council has determined by resolution or ordinance that Grapevine City Hall will not be open to the public for general city business. [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY – SIGNATURES ON FOLLOWING PAGE(S)] PAGE 11 INTERLOCAL COOPERATION AGREEMENT FOR JAIL SERVICES CITY OF GRAPEVINE AND CITY OF COPPELL IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the Effective Date. CITY OF GRAPEVINE, TEXAS By: Bruno Rumbelow City Manager Date: CITY OF COPPELL, TEXAS By: Mike Land City Manager Date: Notice Address: City of Grapevine Attn: City Manager 200 S. Main Street Grapevine, Texas 76051 E: brumbelow@grapevinetexas.gov Notice Address: City of Coppell Attn: City Manager 255 E. Parkway Blvd. Coppell, Texas 75019 E: mland@coppelltx.gov Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6459 File ID: Type: Status: 2022-6459 Agenda Item Agenda Ready 1Version: Reference: In Control: City Secretary 08/16/2022File Created: Final Action: SPAN AgreementFile Name: Title: Consider approval of an Interlocal Agreement renewal between the City of Coppell and SPAN, Inc., for the provision of transit services for older persons, persons with disabilities, veterans, and the general public; as provided for by the CARES Act funding as dispensed through SPAN, Inc., authorizing the Mayor to sign and the City Manager to sign any necessary documents. Notes: Sponsors: Enactment Date: SPAN Memo.pdf, ILA: SPAN, Inc.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2022-6459 Title Consider approval of an Interlocal Agreement renewal between the City of Coppell and SPAN, Inc., for the provision of transit services for older persons, persons with disabilities, veterans, and the general public; as provided for by the CARES Act funding as dispensed through SPAN, Inc., authorizing the Mayor to sign and the City Manager to sign any necessary documents. Summary Fiscal Impact: Funding for the service is provided by the CARES Act as dispensed through SPAN, Inc. Staff Recommendation: Approval recommended. Page 1City of Coppell, Texas Printed on 8/19/2022 Master Continued (2022-6459) Strategic Pillar Icon: Foster an Inclusive Community Fabric Page 2City of Coppell, Texas Printed on 8/19/2022 MEMORANDUM To: From: Date: Mayor and City Council Christel Pettinos, Chief of Staff August 23, 2022 Reference: Consider approval of an interlocal agreement renewal between the City of Coppell and SPAN, Inc., for the provision of transit services for older persons, persons with disabilities, veterans, and the general public; as provided for by the CARES Act funding as dispensed through SPAN, Inc., authorizing the Mayor to sign and the City Manager to execute any necessary documents. Introduction: This is the annual contract renewal between the City of Coppell and SPAN, Inc. for residential and paratransit services. Funding for the service in FY 2022-23 is being provided by the CARES Act, as disbursed directly to SPAN, Inc. Background: The City of Coppell initially entered into an agreement for service with SPAN, Inc. in 2016. SPAN manages the application process and provides subsidized transportation services to eligible Coppell residents and caretakers for doctor appointments, daily errands, and other approved locations within the designated service area. Legal: City Attorney Bob Hager reviewed the contract. Recommendation: Approval recommended by staff. INTERLOCAL AGREEMENT FOR SERVICES Page 1 of 11 STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL AGREEMENT FOR SERVICES THIS SERVICE AGREEMENT ("Agreement") is entered into by and between Coppell, Texas ("CITY"), acting by and through its duly authorized designee and Span, Inc., ("SPAN”), a Texas non-profit corporation operating in Denton County, Texas as an organization described in Section 501(c)(3) of the Internal Revenue Code, acting by and through its duly authorized Executive Director. The CITY or SPAN may hereinafter be referred to individually as a “Party” or collectively as “Parties.” RECITALS: WHEREAS, SPAN enables people to live as fully and independently as possible by providing nutrition, transportation and social services to older persons, persons with disabilities, veterans, and the general public; and WHEREAS, the success of or failure of the SPAN's purposes and goals has a relation to the health and welfare of the citizens of the CITY; and WHEREAS, the CITY is charged with the responsibility of promoting and preserving the health, safety, peace, good government, and welfare of its citizens; and WHEREAS, the CITY recognizes that it needs transportation alternatives for its elderly, and disabled citizens to seek routine medical care and to deal with daily routine matters, and the CITY desires to assist and provide public transportation to said citizens; and WHEREAS, CITY desires to engage SPAN as an independent contractor, and not as a joint venture, partnership, or employee, to provide the transportation services described herein; and WHEREAS, SPAN is authorized as a non-profit corporation, grandfathered under the Texas Transportation Code to provide this type of transportation to municipalities found in whole or in part within Denton County, Texas; and WHEREAS, SPAN desires to provide transportability services for CITY on the terms and conditions set forth in this Agreement. INTERLOCAL AGREEMENT FOR SERVICES Page 2 of 11 NOW THEREFORE, in exchange for the mutual covenants set forth herein, and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties agree as follows: Article I Term 1.01. This Agreement shall commence on October 1, 2022 ("Effective Date") and continue until September 30, 2023. 1.02. Either Party may terminate this Agreement by giving thirty (30) days prior written notice to the other Party, subject to federal requirements related to public transportation. Article II Service 2.01. In accordance with this Agreement, SPAN shall provide door-to-door demand response transit services to the CITY’s residents who are sixty (60) years of age or older and persons with documented disabilities, or sixty-five (65) years or older and persons with documented disabilities when 5310 funds are used in support of this Agreement ("Riders"). 2.02. Riders shall be picked up within service area and taken anywhere in the SPAN/CITY transit service destination area shown on Exhibit "A" hereto (“Service Area”), at a cost to the Riders of Three Dollars ($3.00). The Riders shall remit the total fare recited in this section at or prior to the time the service is rendered. SPAN Transportation policy and procedures are attached hereto and incorporated herein as Exhibit "B" ("the Policy"). 2.03. Situations may arise when Riders call and request service that is not identified as a part of the Service Area. SPAN may make a request to the CITY’s appointed representative to accommodate the Rider by temporarily transporting outside of the Service Area. The Service Area may be more permanently amended at the request of either Party, if both Parties mutually agree to such amendment of Exhibit A in writing. 2.04. Riders may call at least one (1) day in advance, but no more than two (2) weeks in advance, to set up appointments for pick-up and drop off. Riders may schedule a ride by calling SPAN'S Transportation Office at 940-382-1900, weekdays between the hours of 8:00 a.m. and 2:00 p.m.: 2.05. Demand response transit service is available between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, excluding Saturday, Sunday, major holidays and subject to capacity constraints and availability. INTERLOCAL AGREEMENT FOR SERVICES Page 3 of 11 Article III Schedule of Work 3.01. SPAN shall provide all equipment, facilities, qualified employees, training, and insurance necessary to establish a demand response transit service for the Riders. SPAN shall further establish, operate, and maintain an accounting system for this program that will allow for a tracking of services provided to Riders and a review of the financial status of the program. SPAN shall also track and break down the information regarding the number of one-way trips it provides to Riders. 3.02. SPAN will be responsible for verifying and documenting the eligibility of Riders. SPAN reserves the right to determine on an individual basis whether SPAN has the capability to safely transport a Rider, based on the information provided. If SPAN determines that a Rider cannot safely be transported, SPAN shall decline transportation and shall provide documentation as to the reason why service was declined. 3.03. The CITY shall have the right to review the activities and financial records kept incident to the services provided to the Riders by SPAN under this Agreement. In addition, SPAN shall provide monthly ridership information to the CITY appointed designee specifically identifying the number of Rider trips including rider origination, destination, and purpose. 3.04. SPAN will inform riders that their trips to the doctor or dentist’s office, drug store or other location may qualify as a Medicaid eligible trip. SPAN will direct potential Medicaid eligible riders to call Texas Health and Human Services to schedule free transportation through Medicaid by calling toll free 1-877-633-8747 (TTY: 1-800- 735-2989) or 1-877-MED-TRIP, Monday through Friday between 8:00 a.m. and 5:00 p.m., at least two days before their appointment or trip. 3.05. The services provided under this Agreement may be, in part, eligible for reimbursement from the Community Development Block Grant (CDBG) program. SPAN shall comply with all necessary requirements of the CDBG program as set forth in Exhibit “C.” The CITY shall assume all responsibility for CDBG submittals and required reporting, unless otherwise requested in writing to and agreed to by SPAN. SPAN shall provide all information necessary for the CITY to comply with CDBG requirements. Article IV Compensation and Method of Payment 4.01. SPAN is receiving CARES Act, federal funding for transportation opera- tions, which will allow for 100% reimbursed billing without the need for local funding match from the CITY. SPAN’s demand response transportation will be provided to the CITY without fee for the entirety of the Agreement or until CARES Act funding is INTERLOCAL AGREEMENT FOR SERVICES Page 4 of 11 expended, whichever occurs first. SPAN invoices will not be sent, nor payments made by CITY while CARES Act funding is being utilized. Should CARES Act funding be fully expended prior to the end of the Term, the Parties shall mutually agree upon a CITY local funding match to provide for the services under this Agreement. Such CITY local funding match shall be in effect from the time when the CARES Act fund- ing is expended until the end of the Term. 4.02. Payment for other support services may be added to the Agreement as follows: None. Article V Devotion of Time, Personnel, and Equipment 5.01. SPAN shall devote such time as reasonably necessary for the satisfactory performance of the services under this Agreement. Should CITY require additional services not included under this Agreement, SPAN shall make reasonable effort to provide such additional services within the time schedule without decreasing the effectiveness of the performance of services required under this Agreement and shall be compensated for such additional services on a time and materials basis, in accordance with SPAN' s standard hourly rate schedule, or as otherwise agreed between the Parties. 5.02. To the extent reasonably necessary for SPAN to perform the services under this Agreement, SPAN shall be authorized to engage the services of any agents, assistants, persons, or corporations that SPAN may deem proper to aid or assist in the performance of the services under this Agreement. The cost of such personnel and assistance shall be included as part of the total compensation to be paid SPAN hereunder and shall not otherwise be reimbursed by CITY unless otherwise agreed to in writing. 5.03. The CITY shall not be required to furnish any facilities, equipment, or personnel necessary to perform the services required under this Agreement unless otherwise provided herein. The Services provided under this Agreement are based on availability. 5.04 SPAN reserves the right to suspend or terminate Riders who violate SPAN’s policies and procedures. Article VI Miscellaneous 6.01. Entire Agreement. This Agreement constitutes the sole and only agreement between the Parties and supersedes any prior understandings written or oral agreements between the Parties with respect to this subject matter. INTERLOCAL AGREEMENT FOR SERVICES Page 5 of 11 6.02. Assignment. Neither Party may assign this Agreement without the prior written consent of the other Party. 6.03. Successor and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties to it and their respective heirs, executors, administrators, legal representatives, successors, and assigns. 6.04. Mediation. In the event of any dispute regarding this Agreement or the terms contained herein, the Parties hereto agree that they shall submit such dispute to non- binding mediation, prior to any litigation being filed. 6.05. Governing Law. The laws of the State of Texas shall govern this Agreement without regard to any conflict of law rules; and venue for any action concerning this Agreement shall be in Denton County, Texas or the Federal courts having jurisdiction over claims arising in Denton County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 6.06. Amendments. This Agreement may be amended by the mutual written agreement of the Parties. 6.07. Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 6.08. Independent Contractor. It is understood and agreed by and between the Parties that SPAN, in satisfying the conditions of this Agreement, is acting independently. All services to be performed by SPAN pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of CITY. SPAN shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. Nothing contained herein shall constitute or provide for as a waiver of the CITY’s immunity under state or federal law. 6.09. Notice. Any notice required or permitted to be delivered hereunder may be sent by electronic mail, first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other Party or address as either Party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: INTERLOCAL AGREEMENT FOR SERVICES Page 6 of 11 If intended for CITY: CITY Designee Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019 972-304-3673 – facsimile With a copy to: Robert E. Hager Nichols, Jackson, Dillard, Hager & Smith, LLP 1800 Ross Tower 500 N. Akard Street Dallas, Texas 75201 214-965-0010 - facsimile If intended for SPAN: Michelle McMahon Executive Director Span, Inc. 1800 Malone Street Denton, Texas 76201 940-382-2224 - Office 6.10. Insurance. (a) SPAN shall during the term hereof maintain in full force and effect the following insurance: (1) a comprehensive commercial general liability policy of insurance for bodily injury, death, and property damage insuring against all claims, demands or actions relating to SPAN' s performance of services pursuant to this Agreement with a minimum combined single limit of not less than $1,000,000.00 per occurrence for injury to persons (including death), and for property damage with an aggregate of $2,000,000.00. (2) policy of automobile liability insurance covering any vehicles owned and/or operated by SPAN, its officers, agents, and employees, and used in the performance of this Agreement with policy limits of not less than $5,000,000.00 combined single limit and aggregate for bodily injury and property damage. (3) statutory Worker's Compensation Insurance at the statutory limits and Employers Liability covering all of SPAN' s employees involved in the provision of services under this Agreement with policy limit of not less than $500,000.00; and INTERLOCAL AGREEMENT FOR SERVICES Page 7 of 11 (b) All policies of insurance shall be endorsed and contain the following provisions: (1) provide CITY, its officers, and employees with indemnification under all applicable coverage with the exception of Workers Compensation insurance; (2) provide for at least thirty (30) days prior written notice to CITY for cancellation of the insurance; (3) provide for a waiver of subrogation against CITY for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. SPAN shall provide written notice to CITY of any material change of or to the insurance required herein. (c) All insurance companies providing the required insurance shall be authorized to transact business in Texas. (d) A certificate of insurance and copies of the policy endorsements evidencing the required insurance shall be submitted prior to commencement of services and upon request by CITY. 6.11. In performing services under this Agreement, the relationship between the CITY and SPAN is that of an independent contractor. No term or provision of this Agreement or act of SPAN in the performance of this Agreement shall be construed as making SPAN the agent, servant, or employee of the CITY. It is expressly understood that the CITY assumes no operational supervision, control or oversight to the services provided under this Agreement. CITY does not have any ownership or beneficial interest in the business; and does not share any profits or losses generated from the business. 6.12. Indemnification. CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES OF SPAN PURSUANT TO THIS AGREEMENT. SPAN HEREBY WAIVES ALL CLAIMS AGAINST CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS SECTION AS "CITY") FOR DAMAGE TO ANY PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE OTHER THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF CITY OR BREACH OF CITY’S OBLIGATIONS HEREUNDER. SPAN AGREES TO INDEMNIFY AND SAVE HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, REASONABLE ATTORNEYS' FEES AND COSTS OF INVESTIGATION) AND ACTIONS OF ANY KIND BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY SPAN'S NEGLIGENT PERFORMANCE OF INTERLOCAL AGREEMENT FOR SERVICES Page 8 of 11 SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY NEGLIGENT ACT OR OMISSION ON THE PART OF SPAN, ITS OFFICERS, DIRECTORS, SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO NEGLIGENCE OF CITY, IN WHOLE OR IN PART, IN WHICH CASE SPAN SHALL INDEMNIFY CITY ONLY TO THE EXTENT OR PROPORTION OF NEGLIGENCE ATTRIBUTED TO SPAN AS DETERMINED BY A COURT OR OTHER FORUM OF COMPETENT JURISDICTION). SPAN'S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY SPAN UNDER THIS AGREEMENT. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 6.13. Confidentiality Clause. Both Parties agree to endeavor to take all reasonable measures to keep in confidence the execution, terms and conditions as well as performance of this Agreement, and the confidential data and information of any Party that another Party may know or access during performance of this Agreement (“Confidential Information”), and shall not disclose, make available or assign such Confidential Information to any third Party without the prior written consent of the Party providing the information. 6.14. Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all the Parties hereto. 6.15. Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 6.16. Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination. [Signature Page to Follow] INTERLOCAL AGREEMENT FOR SERVICES Page 9 of 11 EXECUTED this ______ day of ___________________,2022 COPPELL, TEXAS By: _________________________________ Wes Mays, Mayor ATTEST: By: _________________________________ Ashley Owens, Secretary Approved as to form: By: _________________________________ Robert Hager, City Attorney EXECUTED this ______ day of ___________________,2022 SPAN, INC. By: _________________________________ Michelle McMahon, Executive Director INTERLOCAL AGREEMENT FOR SERVICES Page 10 of 11 EXHIBIT A SERVICE AREA INTERLOCAL AGREEMENT FOR SERVICES Page 11 of 11 EXHIBIT B TRANSPORTATION POLICIES AND PROCEDURES Attached as separate document, which may be amended from time to time. Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6470 File ID: Type: Status: 2022-6470 Agenda Item Agenda Ready 1Version: Reference: In Control: City Council 08/17/2022File Created: Final Action: Public HearingFile Name: Title: PUBLIC HEARING: To receive public comment on the proposed 2022-23 Budget for the Coppell Crime Control and Prevention District. Notes: Sponsors: Enactment Date: CCPD Memo.pdf, Public Hearing Notice (Rambler).pdf, Public Hearing Notice (Gazette).pdf, Public Hearing 2nd Notice (Rambler).pdf, Public Hearing 2nd Notice (Gazette).pdf, 19-Crime Prevention Fund 2023.pdf, 20-Crime Prevention Fund 2023.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2022-6470 Title PUBLIC HEARING: To receive public comment on the proposed 2022-23 Budget for the Coppell Crime Control and Prevention District. Summary Page 1City of Coppell, Texas Printed on 8/19/2022 1 MEMORANDUM To: Mayor and City Council From: Kim Tiehen, Director of Finance Date: August 23, 2022 Reference: Public Hearing on the proposed 2022-23 Budget for the Coppell Crime Control and Prevention District. 2030: Sustainable City Government Introduction: Pursuant to Chapter 363 (363.205) of the Local Government Code, the governing body that created the district shall hold a public hearing on the budget adopted by the Board. Any resident of the district is entitled to be present and participate at the hearing. Analysis: The Crime Control Board held a public hearing on May 24, 2022. No citizens were present to speak. The Board closed the public hearing and approved the budget as presented. Legal Review: This agenda item was reviewed by legal counsel during the Council agenda packet review process. MEMORANDUM Date: May 10, 2022 To: Coppell Rambler From: Tamara Smith, Budget Officer City of Coppell Subject: Notice of Public Hearing Coppell Crime Control and Prevention District Please publish the following Notice of Public Hearing on May 14, 2022: NOTICE OF PUBLIC HEARING PROPOSED 2022-2023 BUDGET COPPELL CRIME CONTROL AND PREVENTION DISTRICT A PUBLIC HEARING will be conducted by the Coppell Crime Control and Prevention District Board of the City of Coppell, Texas to receive public comments concerning the Proposed 2022-2023 budget. The Public Hearing will be held on May 24, 2022, at 5:30 p.m., at 255 Parkway Boulevard, Coppell, Texas 75019. A copy of the Proposed Budget will be on file for public view in the office of the Director of Finance at City Hall. Please include our standard Public Notice for ADA Compliance as well. Please feel free to contact me if you have any questions or need additional information. I can be reached at (972) 304-3687. Thank you. MEMORANDUM Date: May 10, 2022 To: Coppell Gazette From: Tamara Smith, Budget Officer City of Coppell Subject: Notice of Public Hearing Coppell Crime Control and Prevention District Please publish the following Notice of Public Hearing on May 14, 2022: NOTICE OF PUBLIC HEARING PROPOSED 2022-2023 BUDGET COPPELL CRIME CONTROL AND PREVENTION DISTRICT A PUBLIC HEARING will be conducted by the Coppell Crime Control and Prevention District Board of the City of Coppell, Texas to receive public comments concerning the Proposed 2022-2023 budget. The Public Hearing will be held on May 24, 2022, at 5:30 p.m., at 255 Parkway Boulevard, Coppell, Texas 75019. A copy of the Proposed Budget will be on file for public view in the office of the Director of Finance at City Hall. Please include our standard Public Notice for ADA Compliance as well. Please feel free to contact me if you have any questions or need additional information. I can be reached at (972) 304-3687. Thank you. MEMORANDUM Date: August 10, 2022 To: Rambler From: Tamara Smith, Budget Officer City of Coppell Subject: Notice of Public Hearing Coppell Crime Control and Prevention District Please publish the following Notice of Public Hearing on August 13, 2022: NOTICE OF PUBLIC HEARING PROPOSED 2022-2023 BUDGET COPPELL CRIME CONTROL AND PREVENTION DISTRICT A PUBLIC HEARING will be conducted by the City Council of the City of Coppell, Texas to receive public comment concerning the Proposed 2022-2023 Budget. The Public Hearing will be held on August 23, 2022, at 7:30 p.m. in the Council Chambers at the City Hall, 255 Parkway Boulevard, Coppell, Texas 75019. A copy of the Proposed Budget will be on file by August 5th for public view in the William T. Cozby Public Library and Community Commons or on the City’s website. MEMORANDUM Date: August 10, 2022 To: Gazette From: Tamara Smith, Budget Officer City of Coppell Subject: Notice of Public Hearing Coppell Crime Control and Prevention District Please publish the following Notice of Public Hearing on August 14, 2022: NOTICE OF PUBLIC HEARING PROPOSED 2022-2023 BUDGET COPPELL CRIME CONTROL AND PREVENTION DISTRICT A PUBLIC HEARING will be conducted by the City Council of the City of Coppell, Texas to receive public comment concerning the Proposed 2022-2023 Budget. The Public Hearing will be held on August 23, 2022, at 7:30 p.m. in the Council Chambers at the City Hall, 255 Parkway Boulevard, Coppell, Texas 75019. A copy of the Proposed Budget will be on file by August 5th for public view in the William T. Cozby Public Library and Community Commons or on the City’s website. Position/Title Pay Grade 20-21 21-22 22-23 Deputy Police Chief 27 1 1 0 Police Sergeant PD 4 1 1 1 Police Corporal PD 3 1 1 0 Police Officer PD 2 13 13 5 Systems Administrator 21 1 1 0 Crime Analyst 12 1 1 0 Terminal Agency Coordinator 9 1 1 1 Total 19 19 7 18-19 19-20 20-21 21-22 22-23 911 Calls Received 19,083 12,381 11,816 16,069 17,675 Schools with dedicated SRO 6 6 6 6 6 Schools "Adopted" by Patrol 10 10 10 10 10 Performance Measures Performance measures are being re-evaluated following the transition of employees in this fund. Division: Special RevenueDepartment: Crime Prevention District ❶ ❷ ❸ Mission The Crime Prevention District facilitates the Coppell Police Department's efforts to maintain a safe community environment. This is accomplished by providing quality programs and services such as our School Resource Officers, Community Services Crime Prevention Officer programs and jail services. The district also provides funding for public safety communications, which is done in collaboration with our partner cities through the North Texas Emergency Communications Center (NTECC). Authorized Personnel FY2023 Key Goals & 2040 Pillars Supported Support the CISD and provide education to the younger citizens of Coppell with the School Resource Officer program, youth engagement programs, and various safety education classes, including the self-defense for women course offered to high school senior girls. Continue to engage our citizens through our perennially award-winning National Night Out program. Actual Adopted FY 22 Budget FY 23 Budget Description 20-21 21-22 Amended Proposed Sales Tax $6,647,732 $2,630,875 $4,380,343 $3,335,705 Sales Tax Recovery 247,311 0 56,343 0 Interest Income (21,680)20,000 20,000 20,000 Salary Reimbursement 224,718 275,000 275,000 288,750 Miscellaneous 8,834 0 0 0 Total Revenue $7,106,915 $2,925,875 $4,731,686 $3,644,455 Salary & Benefits $1,368,923 $1,542,313 $1,542,313 $1,021,129 Supplies 0 99,000 99,000 34,000 Maintenance 28,818 0 0 6,411 Services 1,446,537 1,903,602 1,914,929 2,077,743 Capital Outlay 51,445 0 29,046 0 Transfer Out 589,658 589,658 589,658 174,640 Total Expenditure $3,485,381 $4,134,573 $4,174,946 $3,313,923 Net 3,621,534 (1,208,698)556,740 330,532 Fund Balance Beginning Balance $12,006,224 $15,627,758 $15,627,758 $16,184,498 Ending Balance $15,627,758 $14,419,060 $16,184,498 $16,515,030 Crime Prevention District Special Revenue The Crime Prevention District special revenue fund is restricted to crime prevention programs and services. Revenues come primarily from the ¼ cents sales tax, which are expected to decrease due to changes at the State level. Expenditures in FY2023 include the School Resource Officer program, jail services, and the joint emergency dispatch center. Sales Tax 91.53% Interest Income 0.55% Salary Reimbursement 7.92% 2022-23 Revenues Salary & Benefits 30.81%Supplies 1.03% Maintenance 0.19% Services 62.70%Transfer Out 5.27% 2022-23 Expenditures Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6478 File ID: Type: Status: 2022-6478 Agenda Item Agenda Ready 1Version: Reference: In Control: City Council 08/18/2022File Created: Final Action: Public HearingFile Name: Title: PUBLIC HEARING: To receive public comment concerning the proposed 2022-23 Municipal Budget. Notes: Sponsors: Enactment Date: Budget Memo.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2022-6478 Title PUBLIC HEARING: To receive public comment concerning the proposed 2022-23 Municipal Budget. Summary Page 1City of Coppell, Texas Printed on 8/19/2022 MEMORANDUM To: Mayor and City Council From: Kim Tiehen, Director of Finance Date: August 23, 2022 Reference: 2040: Public Hearing on the proposed 2022-23 Municipal Budget. Sustainable City Government Introduction: Pursuant to the City Charter, a public hearing will be conducted by the City Council of the City of Coppell, Texas, to receive public comment concerning the proposed 2022-23 Municipal Budget. At this hearing, taxpayers must have the opportunity to express their views on the proposed budget. Analysis: Pursuant to City Charter, the proposed budget was filed with the City Secretary on August 5, 2022. It is also available for viewing at the Cozby Library and Community Commons as well as on the City’s website. The purpose of this agenda item is to provide citizens an opportunity to furnish public input concerning the proposed 2022-23 Municipal budget. Another public hearing on the budget will be held on September 13, 2022, to provide citizens another opportunity to provide input concerning the proposed 2022-23 Municipal budget. Notice of this public hearing will be posted in both the Rambler and Gazette on September 3 and 4, respectively. Legal Review: This agenda item was reviewed by legal during the Council packet review process. Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6464 File ID: Type: Status: 2022-6464 Agenda Item Agenda Ready 1Version: Reference: In Control: City Council 08/16/2022File Created: Final Action: Public HearingFile Name: Title: PUBLIC HEARING: To receive public comment concerning the proposed 2022-23 tax rate of $0.518731. Notes: Sponsors: Enactment Date: Tax Rate Memo.pdf, Tax Rate Full Page Ad.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2022-6464 Title PUBLIC HEARING: To receive public comment concerning the proposed 2022-23 tax rate of $0.518731. Summary Page 1City of Coppell, Texas Printed on 8/19/2022 MEMORANDUM To: From: Date: Reference: 2040: Mayor and City Council Kim Tiehen, Director of Finance August 23, 2022 Public Hearing on the proposed 2022-23 tax rate of $0.518731. Sustainable City Government Introduction: Pursuant to Section 26.05(d) of the Texas Property Tax Code, “The governing body of a taxing unit other than a school district may not adopt a tax rate that exceeds the lower of the voter-approval tax rate or the no-new-revenue tax rate calculated as provided by this chapter until the governing body has held a public hearing on the proposed tax rate and has otherwise complied with Section 26.06 and Section 26.065.” Analysis: As required by Texas Property Tax Code, Section 26.061, Notice of Meeting to Vote on Proposed Tax Rate That Does Not Exceed Lower of No-New-Revenue or Voter-Approval Tax Rate, the attached is the notice that was published in both the Rambler and the Gazette newspapers on August 13, 2022. The public hearing will be at the regular Council meeting on August 23, 2022. The proposed tax rate for fiscal year 2022-2023 is $0.518731 per $100 of assessed value. Individual taxes may be also affected by change in property value. Legal Review: This agenda item was reviewed by legal counsel during the Council packet review process. Fiscal Impact: Recommendation: 1 As a result of Senate Bill 2, the City presented a few different tax rates: the proposed rate, the no new revenue rate, and the voter approval rate. Only the proposed tax rate will be presented to City Council for approval. PROPOSED RATE: 0.518731 THIS RATE WILL BE PRESENTED TO CITY COUNCIL FOR APPROVAL. This is the rate that the City has determined will raise the necessary revenue to fund public safety, public works and quality of life projects. This rate represents a decrease from the current tax rate, and it is lower than the other rates presented. NO NEW REVENUE RATE: 0.519193 THIS RATE IS HIGHER THAN THE PROPOSED RATE AND WILL NOT BE PRESENTED TO CITY COUNCIL FOR APPROVAL. This rate has historically been referred to as the effective rate. It is the property tax rate that the City would need to set to not generate any additional revenue from the same property over the previous year if the properties were taxed in both years. VOTER APPROVAL RATE: 0.595479 THIS RATE IS HIGHER THAN THE PROPOSED RATE AND WILL NOT BE PRESENTED TO CITY COUNCIL FOR APPROVAL. This is the tax rate at which City Council would need to call an election to allow for voter approval. Under Senate Bill 2, an election must be called if the proposed tax rate generates more than a 3.5% increase in revenue from existing property. • The proposed tax rate of $0.518731 is lower than the no new revenue rate and represents the lowest proposed tax rate since at least 1990. • Total proposed expenditures represent an increase of approximately 11.27% over the current year's adopted budget. Fully funding the City's Capital Replacement Fund and Enterprise Solutions Replacement Fund are the primary factors contributing to this increase. • If the expenses to fully fund the Replacement Funds is subtracted, total expenditures increased by only 2.66%. In an inflationary period of nearly 9%, City staff is pleased to present a budget that allows us to provide the services our residents expect while also keeping expenditures down. The Coppell City Council will consider the proposed budget and tax rate for approval at a meeting on August 23, 2022. Join us in person, watch the livestream, or view the recording at your leisure at coppelltx.gov/meetings! The no-new-revenue tax rate is the tax rate for the 2022 tax year that will raise the same amount of property tax revenue for City of Coppell from the same properties in both the 2021 tax year and the 2022 tax year. The voter-approval rate is the highest tax rate that City of Coppell may adopt without holding an election to seek voter approval of the rate. The proposed tax rate is not greater than the no-new-revenue tax rate. This means that City of Coppell is not proposing to increase property taxes for the 2022 tax year. A PUBLIC MEETING TO VOTE ON THE PROPOSED TAX RATE WILL BE HELD ON AUGUST 23, 2022, AT 7:30 P. M. AT CITY HALL IN THE COUNCIL CHAMBERS LOCATED AT, 255 PARKWAY BOULEVARD, COPPELL, TEXAS 75019. The proposed tax rate is also not greater than the voter-approval tax rate. As a result, City of Coppell is not required to hold an election to seek voter approval of the rate. However, you may express your support for or opposition to the proposed tax rate by contacting the members of the City Council of City of Coppell at their offices or by attending the public meeting mentioned above. YOUR TAXES OWED UNDER ANY OF THE TAX RATES MENTIONED ABOVE CAN BE CALCULATED AS FOLLOWS: Property tax amount = ( tax rate ) x ( taxable value of your property ) / 100 FOR the proposal: Long, Carroll, Jun, Hill, Nevels AGAINST the proposal: PRESENT and not voting: ABSENT: Mathew, Hinojosa-Smith Visit Texas.gov/PropertyTaxes to find a link to your local property tax database on which you can easily access information regarding your property taxes, including informa- tion about proposed tax rates and scheduled public hearings of each entity that taxes your property. The 86th Texas Legislature modified the manner in which the voter-approval tax rate is calculated to limit the rate of growth of property taxes in the state. The following table compares the taxes imposed on the average residence homestead by City of Coppell last year to the taxes proposed to be imposed on the average residence homestead by City of Coppell this year. For assistance with tax calculations, please contact John R. Ames, PCC, CTA, Dallas County Tax Assessor/Collector, the tax assessor for City of Coppell at 214-653-7811 or TNTHELP@dallascounty.org or visit www.coppelltx.gov for more information. NOTICE OF PUBLIC HEARING ON TAX RATE A tax rate of $0.518731 per $100 valuation has been proposed by the governing body of the City of Coppell. PROPOSED TAX RATE NO-NEW-REVENUE TAX RATE VOTER-APPROVAL RATE $0.518731 per $100 $0.519193 per $100 $0.595479 per $100 2021 2022 Change Total tax rate (per $100 of value) $0.580000 $0.518731 Decrease of -10.56% Average homestead taxable value $411,167 $451,133 Increase 9.72% Tax on average homestead $2,384.77 $2,340.17 Decrease $44.60 or -1.87% Total tax levy on all properties $50,665,646 $49,906,615 Decrease of $759,031 or -1.50% $0.518731 PER $100 VALUATION Lower thancurrent rate of $0.5800!Lower thanno new revenue rate! PROPOSED TAX RATEFISCAL YEAR 20222023 WHEN WILL COUNCIL VOTE? WHAT ARE THE VARIOUS TAX RATES? COPPELLTX.GOVBUDGET Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6462 File ID: Type: Status: 2022-6462 Agenda Item Agenda Ready 1Version: Reference: In Control: City Council 08/16/2022File Created: Final Action: ReportsFile Name: Title: Notes: Sponsors: Enactment Date: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2022-6462 Page 1City of Coppell, Texas Printed on 8/19/2022 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6305 File ID: Type: Status: 2022-6305 Agenda Item Council Committee Reports 1Version: Reference: In Control: City Council 05/13/2022File Created: Final Action: CC CMTE ReportsFile Name: Title: A. Report on Dallas Regional Mobility Coalition - Councilmember Don Carroll B. Report on Woven Health Clinic - Councilmember Mark Hill C. Report on Metrocrest Services - Mayor Pro Tem Biju Mathew Notes: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2022-6305 Title A. Report on Dallas Regional Mobility Coalition - Councilmember Don Carroll B. Report on Woven Health Clinic - Councilmember Mark Hill C. Report on Metrocrest Services - Mayor Pro Tem Biju Mathew Summary Page 1City of Coppell, Texas Printed on 8/19/2022