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R-00-09-14-10C2 - 9/14/2000RESOLUTION NO. R- 00- 09- 14 -10C2 WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement with Williamson County to establish the Williamson County Law Enforcement Training Facility, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said Agreement, a copy of same being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. ATTEST: RESOLVED this 14th day of Septe JOTNNE LAND, City Secretary K: \RESOLUTI \R00914C2. WPU /SC RO` — T A. STLLTKA, J'I Mayor City of Round Rock, Texas C: \WINDOWS \TEMP \AGREEINT3SUMMARY.WP0/kg WILLIAMSON COUNTY LAW ENFORCEMENT TRAINING FACILITY INTERLOCAL AGREEMENT SUMMARY The Texas Interlocal Cooperation Act, V.T.C.A., Government Code, Chapter 791, provides that public agencies may contract with each other for the performance of governmental functions and for the joint use of facilities or services for the promotion and protection of the health and welfare of its citizens. Section 791.013 of the Interlocal Cooperation Act (the "Act ") allows for parties to an interlocal contract to create an agency (the "Agency ") to supervise and administer the contract. The Cities of Round Rock, Hutto, Leander, Georgetown, and Williamson County have determined that there is a need for a law enforcement training facility (the "Facility ") for firearms, and tactical driving instruction, and any other appropriate law enforcement or public safety training, to increase the skill and professionalism of its law enforcement and public safety personnel and reduce liabilities to the parties and their respective insurance carriers. The business and affairs of the Agency shall be conducted by a board consisting of one (1) representative from each Party signing the Agreement. The representative shall be the police chief or sheriff of each Party, or their designees. 1. The initial costs for construction of the Facility are as shown on Schedule A, attached hereto and incorporated herein. The annual operation and maintenance costs of the Facility shall be allocated between the Parties based on the ratio of each Parties number of peace officers to the total number of peace officers of all parties. Williamson County will convey 123 acres of land for the Facility as their contribution to the Agency. The Agency will be covered by the Texas Municipal League. 2. C: \WINDOWS\ TEMP \ AGREE INT3. WPC: /kg WILLIAMSON COUNTY LAW ENFORCEMENT TRAINING FACILITY INTERLOCAL AGREEMENT THIS CONTRACT AND INTERLOCAL AGREEMENT is made and entered into effective this ILJ day of S , 2000, by and between WILLIAMSON COUNTY, the CITY OF GEORGETOWN, the CITY OF ROUND ROCK, the CITY OF TAYLOR, the CITY OF HUTTO, the CITY OF LEANDER and the CITY OF CEDAR PARK, all of which are political subdivisions of the State of Texas. WITNESSETH: WHEREAS, V.T.C.A., Government Code, Chapter 791, the Texas Interlocal Cooperation Act provides that any one or more public agencies may contract with each other for the performance of governmental functions and for the joint use of facilities or services for the promotion and protection of the health and welfare of the inhabitants of the State and the mutual benefit of the parties; and WHEREAS, each of the parties hereto requires a law enforcement training facility (the "Facility ") for firearms, and tactical driving instruction, and any other appropriate law enforcement or public safety training, so as to increase the skill and professionalism of its law enforcement and public safety personnel and reduce liabilities to the parties and their respective insurance carriers; and WHEREAS, the parties desire to share the costs of the construction, operation and maintenance of the Training Facility; and WHEREAS, Section 791.013 of the Interlocal Cooperation Act (the "Act ") allows for parties to an interlocal contract to create an agency to supervise and administer the contract; and WHEREAS, said agency is, pursuant to the Act, tax - exempt and insurable by insurers of political subdivisions; NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the undersigned parties agree as follows: I. DEFINITIONS 1. Agency shall mean the WILLIAMSON COUNTY LAW ENFORCEMENT TRAINING AGENCY, an administrative agency created pursuant to Section 791.013, Gov't Code, V.T.C.A. 2. Authorized Peace Officer shall mean a law enforcement person, whether full -time, part -time or reserved, designated as an authorized peace officer by a Party. 3. Party shall mean the signers of the Agreement. II. CREATION AND OPERATION OF AGENCY 1. Pursuant to Section 791.013, Gov't Code, V.T.C.A., the Parties hereby create the WILLIAMSON COUNTY LAW ENFORCEMENT TRAINING AGENCY. 2. The business and affairs of the Agency shall be conducted by a board consisting of one (1) representative from each PARTY signing this Agreement. The representative shall be the police chief or sheriff of each Party, or their designees. 2. 3. As soon a possible after the creation of the Agency, the Agency shall adopt by -laws which shall govern the operation of the Agency. Before adoption of by -laws by the Agency, the bylaws must be approved by the representative of each Party. 4. A quorum of the Agency shall exist for the purpose of conducting the business of the Agency if a majority of the Party representatives are present. Each Party is entitled to one vote. The vote of a majority of a quorum is necessary for the Agency to take any action. 5. Any Party annually designating over 25% of the total number of Authorized Peace Officers designated by all of the Parties may veto any action of the Board. If an action is vetoed, it shall be reconsidered by the Board and shall pass only upon 1) an affirmative vote of a majority of the Parties present, and 2) an affirmative vote of Parties representing at least 51% of the total number of Authorized Peace Officers designated annually by all the Parties. 6. The Agency's primary responsibilities shall be the review, oversight, maintenance and operation of the Facility. 7. The Agency shall comply with all requirements of the Texas Open Meetings Act, Tx. Gov't Code, Chapter 551 and the Texas Public Information Act, Tx. Gov't Code, Chapter 552. 8. The Agency may allow additional public safety agencies to utilize the Facility. INITIAL COSTS 1. The initial costs for construction of the Facility are as shown on Schedule A, attached hereto and incorporated herein. 2. By approving the Agreement, the Parties acknowledge the responsibility to remit the considerations as stated in Schedule A to the Agency for the initial start -up costs within two (2) fiscal years of the signing of the Agreement. If there are additional start -up costs over and above these listed in Schedule A, the Parties are not obligated to remit additional consideration, unless approved by official action of each respective Party. 3. IV. ANNUAL BUDGET 1. Prior to March 31st of each year, the Agency shall submit a tentative budget to each Party for their approval. 2. Any expenditure which exceeds the annual approved budget must be approved by official action of each Party. Any expenditures which exceed the annual approved budget shall be paid for by the Parties pursuant to Article V, below. V. ANNUAL OPERATION AND MAINTENANCE RESPONSIBILITIES 1. The annual operation and maintenance costs of the Facility shall be allocated between the Parties by dividing the annual operation and maintenance costs by the total number of Authorized Peace Officers designated annually by the Parties. The resulting quotient represents the cost of the Facility per commissioned officer Authorized Peace Officers. The cost for each Party is determined by multiplying the resulting quotient by the number of Authorized Peace Officers annually designated by each Party. Each Party shall remit this payment to the Agency on a quarterly basis. 2. The Parties will receive credit for in -kind services provided to the Agency. VI. INSURANCE 1. The Agency shall procure and maintain at its sole cost and expense insurance or coverage under an interlocal agreement against claims for injuries to persons or damage to property which may arise from or in connection with the terms and conditions of this Agreement, and shall cover performance herein by the Agency, its employees, officials, contractors or subcontractors. Such insurance or coverage under an interlocal agreement shall be maintained in full force and effect, without lapse or gaps, for the duration of this Agreement. 2. Certificates of Insurance or evidence of coverage under an interlocal agreement shall be furnished to all 4. Parties. The following standard insurance policies shall be required: a) Bodily Injury Insurance or coverage with minimum limits of One Million Dollars ($1,000,000) per occurrence. b) Property Damage Insurance or coverage with minimum limits of Five Hundred Thousand Dollars ($500,000) per occurrence. c) Workmen's Compensation coverage in a minimum amount of benefits, if the Agency has any employees.. 5. The Agency shall provide to the Parties evidence of the herein required insurance or coverage through certificates of insurance or other appropriate documents which contain the following provisions: a) Designation of all the Parties, their officers, employees, and elected officials as additional insureds or covered parties under the liability policies (as the interest of each insured may appear). b) Provision for thirty (30) days advance written notice to all Parties for any policy's cancellation, non - renewal, or material change applicable to the insurance or coverage requirements under this contract; and, additionally, removal of all language in Certificate of Insurance or other evidence of coverage indicating in any way by same or similar wording that the insurance company or agent /broker will "endeavor to notify Owner, but failure to do so shall impose no obligation of liability of any kind upon the company, its agents, or representatives." c) Agreement that the Agency waives subrogation against the Parties, its officers, employees, and elected officials for injures (including death), property damage, or any other loss whatsoever to the extent same may be covered by proceeds of insurance or coverage. VII. DURATION 5. 1. This Agreement shall be effective on the day of , 2000, and shall continue as a yearly contract until terminated by the Parties. 2. Any Party to this Agreement has the right to withdraw from this Agreement by providing written notice to the Agency of its intent to withdraw. The Agency is entitled to retain any and all sums previously tendered by the withdrawing Party. VIII. MISCELLANEOUS 1. SEVERABILITY: The Parties agree that in the event any provision of this Agreement is held by a court of competent jurisdiction to be in contradiction of any laws of the State or the United States, the Parties will immediately rectify the offending portions of this Agreement. The remainder of the Agreement shall be in full force and effect. 2. ENTIRE AGREEMENT: This agreement constitutes the entire agreement between the Parties hereto, and supersedes all their oral and written negotiations, agreements, and understandings of every kind. The Parties understand, agree, and declare that no promise, warranty, statement, or representation of any kind whatsoever, which is not expressly stated in this Agreement, has been made by any Party hereto or its officer, employees, or other agents to induce execution of this Agreement. 3. CHOICE OF LAW: This Agreement shall be performable in Williamson County, Texas. 4. AMENDMENT: This Agreement may be amended by unanimous vote of the Agency's Board if said proposed Amendment is ratified and approved by the governing body of each Party. 5. NOTICE: Any notice given hereunder shall be in writing, and may be effected by personal delivery, or by registered or certified mail, return receipt requested, at the address of the respective Parties indicated below: Chief of Police Round Rock Police Department 615 Palm Valley Round Rock, Tx 78664 (512) 218 -5506 6. City of Cedar Park Cedar Park Police Department 1400 W. Whitestone Blvd. Cedar Park, Texas 78613 (512) 258 -2800 Chief of Police Leander Police Department 200 W. Willis Leander, Tx 78641 (512) 259 -0613 Chief of Police Georgetown Police Department 809 Martin Luther King Georgetown, Texas 78626 (512) 930 -3510 Chief of Police Taylor Police Department Po Box 810 Taylor, Texas 76574 (512) 352 -5551 Chief of Police Hutto Police Department Po Box 280 Hutto, Texas 78634 (512) 759 -1011 Sheriff, Williamson County 508 S. Rock Georgetown, Texas 78626 (512) 943 -1402 Address for notice may be changed at anytime by delivering written notice of change to the other Parties in accordance with the notice requirements of this section. 6. PARAGRAPH HEADINGS: The various paragraph headings are inserted for convenience of reference only, and shall not affect the meaning or interpretation of this Agreement or any section thereof. 7. IN WITNESS WHEREOF, the Parties hereto have set their hands the day and year first above written. WILLIAMSON COUNTY ATTEST: COMMISSIONERS' COURT: By: • n ROUN• R•, K: ATTEST: 7 411:111101 2.1.4.. AA - 7*. Round Rock, `exas CITY OF GEORGETOWN: ATTEST: By: By: Mayor, Georgetown, Texas CITY OF LEANDER ATTEST: By: 7. ATTORNEY FEES: In any lawsuit concerning this Agreement, the prevailing Party /Parties shall be entitled to recover reasonable attorneys fees from the nonprevailing Party /Parties, plus all out -of- pocket expenses such as deposition costs, telephone calls, travel expenses, expert witness fees, court costs, and other reasonable expenses. 8. COMPLIANCE WITH APPLICABLE LAWS: The Parties hereby agree to comply with all ordinances laws, rules, regulations and lawful orders of any public authority. Specifically, nothing in this Agreement is intended to conflict with the City of Georgetown's zoning, franchise or health and safety authority. County Judge By: County Clerk Williamson County, Texas Williamson County, Texas By: CITY OF CEDAR PARK ATTEST: City Secretary City Secretary By: Mayor, Leander, Texas City Secretary By: By: Mayor, Cedar Park, Texas City Secretary 8. CITY OF HUTTO ATTEST: By: By: Mayor, Hutto, Texas City Secretary 9. CITY OF TAYLOR ATTEST: By: By: Mayor, Taylor, Texas City Secretary 10. Agency Number of Commissioned Officers Contribution Number % of Total Williamson County Sheriff's Department 178 42.0% (1) Round Rock Police Department 94 22.2% $141,000 Georgetown Police Department 50 11.8% $75,000 Cedar Park Police Department 44 10.4% $66,000 Taylor Police Department 30 7.1% $45,000 Leander Police Department 18 4.2% $27,000 Hutto Police Department 10 2.4% $15,000 TOTAL 424 100.0% $369,000 (1) Williamson County contributed 123 acres of county land as its share of the initial investment. DATE: September 8, 2000 SUBJECT: City Council Meeting — September 14, 2000 ITEM: 10.C.2. Consider a resolution authorizing the Mayor to execute an interlocal agreement for the establishment and the City's participation in the Williamson County Law Enforcement Training Facility Agency. This agreement will establish the Williamson County Law Enforcement Training Facility and the City of Round Rock's participation in the agency and governing board. The agency will oversee the development and operation of a firearms range and other training facilities on a 123 - acre tract of land north of Hutto. Staff Resource Person: Paul Conner, Chief of Police.