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Res 95-02A Approving and Adopting a Contract with the Town of Trophy Club for Emergency Law Enforcement ServicesTOWN OF WESTLAKE, TEXAS RESOLUTION NO. 95- _'" A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, APPROVING AND ADOPTING AN AMENDED AND RESTATED CONTRACT BETWEEN THE TOWN AND THE TOWN OF TROPHY CLUB, TEXAS, FOR THE PROVISION OF LAW ENFORCEMENT SERVICES TO THE TOWN BY THE TOWN OF TROPHY CLUB; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: Section 1. That the Board of Aldermen of the Town of Westlake, Texas, does hereby approve, adopt and agree to enter into the Amended and Restated Law Enforcement Services Agreement, a true and correct copy of which is attached hereto and incorporated herein, by and between the Town and the Town of Trophy Club, Texas. Section 2. The Mayor of the Town is hereby authorized, empowered and directed to execute the Agreement on behalf of the Town of Westlake. Section 3. That this Resolution shall take effect from and after its date of passage. PASSED AND APPROVED by the Board of Aldermen of the Town of Westlake, Texas this the 14th day of August, 1995. Scott Bradley Mayor ATTEST: N Carol Caller Deputy Town Secretary [Seal] APPROVED AS TO FORM: Paul . Isham Town Attorney between The Town of Trophy Club, Texas (Trophy Club) and the Town of Westlake, Texas (Westlake) are towns duly incorporated under the general laws of the State of Texas. Trophy Club and Westlake are empowered under 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. Trophy Club and Westlake entered into an interlocal agreement concerning the provision of law enforcement services by Trophy Club to Westlake, effective September 1, 1993. This interlocal agreement was amended as of February 21, 1995. Trophy Club and Westlake desire to again amend the interlocal agreement providing for law enforcement by Trophy Club in Westlake, and to restate the agreement as amended. Trophy Club and Westlake also desire to enter into this Agreement in order to serve the public health, safety and welfare. Amended and Restated Law Enforcement Services Aereemeot Pa'* 071!' fi; T their interlocal agreement for the provision of law enforcement services to Westlake by Trophy Club, contracting as follows: 1. Effective Date. The effective date of this Agreement is September 1, 1995. 01. Term. The term of this Agreement is from September 1, 1995 through August 31, 1996. SOMEM M �-M��MEMMMEMM=MMEMM M the respective meanings ascribed to them: 0 "Emergency" means circumstances that call for immediate law enforcement action in response to 911 calls. 0 "Patrol services" means the routine patrol, inspection and review of, m! -f the enforcement of laws within, the Service Area by police officers. 0 "Police officer" means a police officer of the Town of Trophy Club, HU -0 0 "Service area" means the corporate limits of the Town of Westlake, Texas as of the date of this Agreement, a true and correct copy of whicE 11P!!1!!!I ;%ill 1111 A•- 11 , 111� ;IIII!1I 1�1�,Jqiiij�:�!Iji its discretion to provide law enforcement services, Trophy Club may consider, among other things, whether or not Trophy Club is able, in Trophy Club's sole opinion, to provide Amendod and ReA&W lAw Eafmamea Services Agreemmt Page 2 to the Service Area. 5. Municipal Court. Trophy Club will provide its municipal court and all of its attendant services and facilities to Westlake for the processing and filing of complaints and 111311101111 1 11111 IWI 1 111•1111 11-11 •11111 Ill - •1 Mi • • ! 11=1011 � UTM,97,111#31111 Mis =61140� M. MIMESO, JU =M71P I UMOV.."TMromrow-Marty Mil, Irk,0111II!,1111 1•111 1111111111i ll 1, 11,111111, re-ff UNM complaints filed under this Agreement will be filed in Trophy Club's Municipal Court acting as RR 1�44 fflemillif!1I 11111 1, 11,11, as mililim � I tell !111 Ill 1!1jljll1�I!'1l ill 111111pill I 6. Assignment. Trophy Club hereby assigns its law enforcement officers to 1111MR111, ip� 1111pil III ill I 17111ill 7. Arrests. While acting under this Agreement, a law enforcement officer employed 1 #7 11-16 m$e two] M 11 r, IT. 19 "N V 1 1 ;1!1111 !R11111111viellil 11 1 1 All territorial limits of Westlake. Am=W will ReA&W Law FAfomemwt Servim Agreemelixt Page 3 F4.111111111111111111iiii;!390ro .11 . Ire Q11111• I I 1 1! 1 111 111 !1 :1 1 A I i i! I I I 11 -ii -I I, � 4M� =� W— fil in his sole discretion, may at any time withdraw assigned personnel or equipment or discontinue participation in any activity initiated under this Agreement. and emergencies within Trophy Club have priority over emergencies within the Service Area. 10. 1111 Enforcement Services Compensation. Westlake must promptly pay Trophy I III Ili Jill I I I I 111 1!111111 lillip 11112 11111 �� . - IIIIIIIIINTI M . P�JJ3 I I ,, 1111 1111 1 111 llllq�l;; I I 1 11 Fill! I III i i I Ili" I III IT! I I i M I � I � I ; - 131(nmel sm. lj��Illllllli�I��' lljliii� � I 111111111 111 1 111 1111ITITIM II! I iiiiiiiii Jill 11 Ili I pill � I I I Amended and Restated LAw Enfm=m&nt Semwea'Agreement Page 4 Club. (For exwnple: total complaints filed in one month including those filed under this Agreement = 500; total complaints filed under this Agreement = 10; total monthly cost to 1511111 I� ren �, 0 X M38= �• 12. Criminal Investigation Fees. For the investigation of any criminal activity A fee of $25.00 for each hour, or any part thereof, for a criminal investigation; and 0 The actual cost or expense incurred by Trophy Club in conducting the criminal investigation, including, but not limited to (a) crime scene equipment acquired by Trophy Club and deemed necessary, in Trophy Club's sole opinion, to conduct the criminal investigation, (b) laboratory tests, and (c) polygraph examinations. 15 11,71M no 1�- �#V - MR 11111 IN I 11111� 1!111111111 lill��illi III !I 11111111 Il'I'llillill, I� 111111111 1pgl��Iqpi�1111111 111111 1,11111 1 1 FIRIE'Ll?"11 31 off 1111111111 R. A111,111 i" I � � � 207= defense that would otherwise be available to it against claims arising from the exercise of 1IRMT IBM Amen&d md ResmW Law Edom4aust Servkts Agrcement Page 5 Texas. .6 - -4 1 15. Indemnification. All civil liability related to the furnishing of the services III ill ml - as the governmental unit which would be responsible for furnishing these services absent this ill 11111111 111�111 � 111 � 2 I A DIM11111111111 I Mmmy 1111;111�111;11 I III! ;1�111�11 MMMIMM, of lawsuits, judgments, damages, injuries, costs or expenses, including reasonable attorney's fees, EM'"AM, MEN Mo - pursuant to this Agreement, but excluding gross negligence or any wilful or wanton act. This ITIFIR111 iiiiiii ill I - - 16. Termination. This Agreement may be terminated at any time by either party MVINM-MMIM11111MIZE T1 1 11 1 111 1 ill I 1! 11 � I I I Ill I � ill I 1�1111111 1 1 NZ; 1 9R. "611 117PI'l F.'%U ON3 14 IQ I I TMI '14WOMM.4 17. Notices. Where the terms of this Agreement require that notice in writing be MTF9TMR=7=JI!1I1- Amended and Restated Law Faforeement Services Agreement Page 6 To Trophy Club: To Westlake: 100 Municipal Drive 3 Village Circle, Suite 207 Trophy Club, Texas 76262 Westlake, Texas 76262 Telephone: (817) 430-1865 Telephone: (817) 430-0941 Attn: Mayor, Town of Trophy Club Attn: Mayor, Town of Westlake 18. Entire Agreement. This Agreement represents the entire and integrated agreement I I t-73 III •191 M•ill 5111 ! tFil V 19. Choice of Law. This Agreement must be construed - and its performance -• -r 7-7-1] E W, R 3 N UFM 20. Venue. All compensation is payable in Denton County, Texas, and venue lies in Denton County, Texas. 21. Severability. If any part of this agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable. 22. Mirger. This Agreement represents the parties' final and mutual understanding. 177IRMTKIMM, I ISO • - 101, ill I =ilillillr lli�l 11 iiilit 24. Mediation. If this contract gives rise in any way to a dispute that cannot be 1111111"Illn Amended and Restated IAW EaNwinent Servicea Agreement Page 7 may the parties arbitrate, litigate, or engage in other dispute -resolution procedures. 25. No Waiv . The waiver of any breach of any term of this Agreement does not 1 11 yl � MEP&M 3E=1 "IZMEM= LuLb =.1 0 EXEC LJTED in duplicate originals at Denton County, Texas, this 14th day of August, "M TOWN OF TROPHY CLUB, TEXAS by: J s P. Carter yor L by: Karen Sadri Town Secretary a, IN lip 6 " I by: Scotf Bradley Mayor by: Carol Callier Deputy Town Secretary Oill Paul C. Isharn AmendW and Reamed Law Enfb=mient Services Agreemi= Page 8 Exhibit "B" The Town of Westlake will pay the Town of Trophy Club fifty dollars ($50.00) for each police response, covering any or all of the first hour of actual direct personnel and equipment costs incurred by Trophy Club. Westlake will pay Trophy Club an additional twenty-five dollars ($25.00) per half hour for 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 or for the enforcement of the laws of this State.