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Res 93-15 Town of Trophy Club Resolution Approving Emergency Law Enforcement Services for the Town of WestlakeTOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 93-15 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING AND ADOPTING A CONTRACT BETWEEN THE TOWN AND THE CITY OF WESTLAKE, TEXAS FOR THE PROVISION OF EMERGENCY LAW ENFORCEMENT SERVICES BY THE TOWN TO THE CITY OF WESTLAKE; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town Council of the Town of Trophy Club, Texas does hereby approve, adopt and agree to enter into the Emergency Law Enforcement Services Agreement, a true and correct copy of which is attached hereto and incorporated herein, by and between the Town and the City of Westlake, Texas. Section 2. The Mayor of the Town is hereby authorized, empowered and directed to execute the said Agreement on behalf of the Town of Trophy Club. Section 3. That this Resolution shall take effect from and after its date of passage. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 1.7t. -h day of AuQus , 1993. L Z M or, Town of T by Club, Texas ATTEST: Town Secretary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: - ......... -- Town Att rn y, Town of Trophy Club, Texas STATE OF TEXAS § § EMERGENCY LAW ENFORCEMENT SERVICES AGREEMENT COUNTY OF DENTON § 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 Chapter 791, Texas Government Code (Vernon) and Section 774.001, Tex. Health and Safety Code (Vernon), to agree with one another to perform governmental functions and services, including law enforcement 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 1st day of —S-aZutP_mhcI r , 1993. II. The term of this Agreement shall be from _September 1, 1993 through August 31 , 199 6. -1- When used in this Agreement, the following words and phrases shall have the respective meanings ascribed to them: "Emergency" means circumstances that call for immediate law enforcement action in response to 911 calls. IV. Trophy Club shall provide emergency law enforcement service to that area which is within the corporate limits of City of Westlake (as shown on the map attached hereto and incorporated herein) (the "Service Area"); provided, however, that Trophy Club shall not be required to provide such emergency law enforcement services unless Trophy Club is able, in Trophy Club's sole opinion, to provide reasonable protection to persons within Trophy Club while providing emergency law enforcement services to the Service Area. Notwithstanding any other provision of this Agreement, an emergency within Trophy Club shall have priority over an emergency within the Service Area. This Agreement does not encompass or require Trophy Club to furnish patrol services or day-to-day, routine police services. V. Trophy Club shall provide its municipal court and all of its attendant services and facilities to Westlake for the processing and filing of complaints and tickets files as a result of the emergency law enforcement services rendered. The said complaints or citations filed in the Trophy Club Municipal Court shall be heard by the Trophy Club Municipal Judge, and to that extent the Trophy Club Municipal Judge is appointed as the Municipal Judge for the City of Westlake, Texas. All class "C" misdemeanor complaints -2- filed pursuant to the emergency law enforcement services rendered under this Agreement shall be filed in Trophy Club's Municipal Court. Each complaint shall be processed in the same manner as a complaint filed for a violation of a law within the corporate limits of Trophy Club. VI. The fact that the Trophy Club and Westlake accept certain responsibilities relating to the rendition of emergency law enforcement services under this Agreement as a part of their responsibility 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. Where the terms of this Agreement require that notice in writing be provided, such notice shall be deemed delivered three (3) days following the deposit of the notice in the United States mail, postage prepaid, and sent by certified mail, return receipt requested and properly addressed as follows: To Trophy Club: To Westlake: 100 Municipal Drive Trophy Club, Texas 76262 Telephone: (817) 430-1865 Attn: Mayor, Town of Trophy Club -3- 1480 Dove Road Roanoke, Texas 76262 Telephone: (817) 430-1267 Attn: Mayor, City of Westlake VIII. Compensation A. Westlake shall pay Trophy Club for emergency law enforcement services rendered under this Agreement pursuant to monthly invoices submitted within ten (10) days of the last day of each month, 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 the 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 filed pursuant to this Agreement) = 500; total complaints filed under this Agreement = 10; total monthly cost to operate Trophy Club's Municipal Court = 45,000.00; total invoice cost to Westlake 10/500 or 2% of $5,000.00 plus 10%; administrative and overhead cost. In this example, the total monthly cost for processing ten (10) tickets would be $110.00. -4- IX. 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. R Third party claims against the parties hereto shall be governed the by Texas Tort Claims Act or other appropriate statutes, ordinance or laws of the State of Texas. XI. 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 be 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 law, to -5- indemnify Trophy Club, its agents, officers and employees against, and to 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 and employees performed pursuant to this Agreement, but excluding gross negligence or any willful or wanton act. The obligation stated in this Paragraph V. shall be payable out of the current revenues of the City of Westlake. XII. This Agreement may be terminated at any time by either party hereto giving at least thirty (30) days written notice to the other party of such termination. In the event of such termination, Trophy Club shall be compensated by Westlake for all services performed to the date of termination. XIII. This Agreement represents the entire and integrated agreement between Trophy Club and Westlake and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Trophy Club and Westlake. XIV. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. This Agreement shall be performable and all compensation payable in C M- Munty, Texas. Venue under this Agreement lies in Denton County, Texas. MP If any clause, paragraph, section or portion of this Agreement shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and effect and the parties shall be deemed to have contracted as if said clause, section, paragraph or portion had not been in the Agreement initially. XVI. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. Executed in duplicate original at Denton County, Texas on the day and year first written above. TOWN OF TROPHY CLUB, TEXAS B yr James P. arter ATTEST: By; Karen sadri, Town Secretary -7- CITY OF Westlake, TEXAS Bv: Mayor Dale White ATTEST: By: City Secretary