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Res 91-05 Entering into an Emergency Police and Municipal Court Agreement with the Town of Trophy ClubRESOLUTION 91-5 WHEREAS, the Town of Westlake is desirous of entering into an Emergency Police and Municipal Court Agreement with the City of Trophy Club; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: That the Town of Westlake, Texas, approves the Emergency Police and Municipal Court Agreement between Westlake and Trophy Club attached hereto as Exhibit "A" and incorporated herein, and authorizes the Mayor to execute the same on behalf of the Town. PASSED AND APPROVED this 1st day of April, 1991. DALE L. WHITE, mA76R7 TOWN OF WESTLAKE, TEXAS ATTEST: GEARY WHITE, SECRETAR r TOWN OF WESTLAKE, TEXAS APPROVED AS TO LEGAL FORM PAUL C. ISHAM, TOWN ATTORNEY TOWN OF WESTLAKE, TEXAS \373-23.004\004.res STATE OF TEXAS COUNTY OF DENTON EMERGENCY POLICE AND MUNICIPAL COURT AGREEMENT - WESTLAKE AND TROPHY CLUB ('IiR7kK.' WHEREAS, the Town of Trophy Club, Texas ("Trophy Club") and the City of Westlake, Texas ("Westlake") are cities duly incorporated pursuant to the general laws of the State of Texas; and WHEREAS, Trophy Club and Westlake are empowered, pursuant to the Texas Interlocal Cooperation Act, art. 4432c, Tex. Rev. Civ. Stat. Ann. (Vernon), to agree with one another to perform governmental functions and services, including police emergency and municipal court services; and WHEREAS, Trophy Club and Westlake desire to enter into this Agreement and agree that this Agreement is in the best interest of and serves the public health, safety and welfare, W I T N E S S E T H: NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein made, the benefits flowing to each of the parties hereto, and other good and valuable consideration, the Town of Trophy Club, Texas and the City of Westlake, Texas do hereby CONTRACT AND AGREE as follows: I. The effective date of this Agreement shall be the 9th day of April , 1991. zI. The term of this Agreement shall be from the 9th day of April , 1991 through April 199 2 , unless earlier terminated. III. Trophy Club shall provide to the residents of the City of Westlake within its corporate boundaries, which area is outlined on the map attached hereto as Exhibit "A" and incorporated herein (the "Service Area") emergency police department service in accordance with the following: A. "Emergency" as used in this Agreement shall mean circumstances that call for immediate police department action in response to 911 calls. B. This Agreement does not encompass or require Trophy Club to furnish patrol services or any day to day normal police services. C. Notwithstanding _any other provision . of this Agreement, an emergency within the corporate limits of Trophy Club shall have priority over an emergency within the Service Area. D. In addition to providing police department emergency services pursuant to 911 calls, Trophy Club agrees to provide its Municipal Court and all of its attendant services and facilities to Westlake for the processing and filing of complaints and tickets filed as a result of the emergency police department services rendered. All Class "C" misdemeanor complaints filed pursuant to the emergency police services rendered under this Agreement shall be filed in Trophy Club's -2- 4835X Municipal Court. Each complaint filed shall be processed in the same manner as a complaint filed for violation of a law within the city limits of Trophy Club. IV. Compensation A. Westlake shall pay Trophy Club for emergency police services rendered under this Agreement pursuant to monthly invoices submitted within ten (10) days of the last day of each month under this Agreement which invoice shall be for the actual direct personnel and equipment costs incurred by Trophy Club which includes all wages, salaries, pensions and other compensation and rights for each police department employee responding to an emergency call in Westlake plus ten percent (10%) for administrative and overhead costs. See Exhibit B attached. B. All fines, monies, warrant fees, other payments received by Trophy Club in its Municipal Court -for the processing of a complaint shall be sent to Westlake within ten (10) days after the last day of each month of this Agreement. Westlake shall pay Trophy Club for Municipal Court services pursuant to a monthly invoice submitted within ten (10) days of the last day of each month under this Agreement which invoice shall prorate the monthly costs of the operation of Trophy Club Municipal Court based on a ratio of the number of complaints filed pursuant to this Agreement to the total number of complaints filed in the Municipal Court of Trophy Club. For example, total complaints filed in one month (including those -3- 0835X filed pursuant to this Agreement) 500; total complaints filed under this Agreement - 10; total monthly cost to operate Trophy Club's Municipal Court - $5,000; total invoice cost to Westlake 10/500 or 2% of $5,000 plus 10%; administrative and overhead cost. In this example, the total monthly cost for processing ten (10) tickets would be $110.00. V. A. Trophy Club hereby assigns its law enforcement officers to investigate criminal activity and enforce the laws of this State outside its territorial limits and inside the territorial limits of Westlake in response to 911 calls received by Westlake. B. Trophy Club officers responding to a 911 call shall be under the control and direction of the Chief of Police of Trophy Club. C. The Chief Law Enforcement Officer of Trophy Club, in such Officer's sole discretion, .may at any time withdraw assigned personnel or equipment or discontinue participation in any activity initiated pursuant to this Agreement. D. While acting pursuant to this Agreement, a law enforcement officer employed by Trophy Club may make arrests outside the territorial limits of Trophy Club and within the territorial limits of Westlake. VI. Each Party to this Agreement expressly waives all claims against the other Party for compensation for any loss, damage, -4- 0835X personal injury or death occurring as a consequence of the performance of this Agreement. Vii. Third party claims against the Parties hereto shall be governed by the Texas Tort Claims Act or other appropriate statutes, ordinances or laws of the State of Texas. VIII. It is the intention of the parties hereto and Trophy Club and Westlake do hereby expressly agree that any and all civil liability related to the furnishing of the services contemplated by this Agreement to Westlake by Trophy Club shall the responsibility of Westlake, as the governmental unit which would be responsible for furnishing such services absent this Agreement. Accordingly, Westlake agrees, to the maximum extent permitted by applicable law, to indemnify, save and defend Trophy Club, its agents, officers and employees against, and hold Trophy Club, its agents, officers -and- employees---harmless- from, any and all claims, actions, causes of action, lawsuits, judgments, damages, injuries, costs or expenses, including reasonable attorney's fees, for injury to person or property or death of any person resulting from or based upon, in whole or in part, any act or omission of Trophy Club, its agents, officers or employees performed pursuant to this Agreement, but excluding gross negligence or any willful or wanton act. IX. The fact that Trophy Club and Westlake accept certain responsibilities relating to the rendition of police emergency services under this Agreement as a part of their responsibility -5- 0835X for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby invoked to the extent possible under the law. Neither Trophy Club nor Westlake waives or shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. X. It is expressly understood and agreed that, in the execution of this Agreement, no Party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. XI. Each Party to this Agreement agrees that if legal action is brought under this Agreement, exclusive venue shall lie in the county in which the defendant Party is located, and if located in more than one county, in the county in which the principal office of the defendant Party is located. XII. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the Parties hereunder, shall be governed by the laws of the State of Texas. XIII. In case any one or more of the provisions contained in the Agreement shall for any reason be held to be invalid, -6- 0835X illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. XIV. Any Party to this Agreement may terminate this Agreement by giving thirty (30) days written notice mailed by certified mail to the Chief Law Enforcement Officer or Mayor of the other Party. XV. This Agreement shall become effective between the parties hereto on the day after it is fully executed and shall continue in effect until it has been terminated according to this Agreement. XVI. This Agreement may be amended or modified by the mutual agreement of the Parties hereto expressed in writing to be attached to and incorporated into this Agreement. XVII. This instrument contains all commitments and agreements of the Parties, and oral or written commitments not contained herein shall have no force or effect to alter any term or condition of this Agreement. -7- 0835X Exhibit _ B" The City of Westlake hereto agrees to pay the Town of Trophy Club, Fifty ($50.00) dollars for each 911 emergency police response. This shall be for any or all of the first hour of actual direct personnel and equipment costs incurred by Trophy Club. Furthermore, Westlake agrees to pay Trophy Club an additional Twenty-five ($25.00) dollars per half hour for any additional time in excess of the first hour of service. These costs do not include the expense for any specialized personnel or equipment necessary for the investigation of criminal activity, and for the enforcement of the laws of this State. r1 DATED AND SIGNED on this day of 1991. TOWN OF TROPHY CLUB, TEXAS CITY OF WESTLAKE, TEXAS By : _ ��--- By: 1Ma . ames P. C ter yor A ATT%Da By: Wel Town Administrator 0835X ATTEST: By: C y Secretary -8-