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Res 03-03 Authorizing an Agreement for Police Services Related to Texas Motor SpeedwayTOWN OF WESTLAKE RESOLUTION NO. 03-03 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH MULTIPLE GOVERNMENTAL AGENCIES FOR POLICE SERVICES RELATED TO EVENTS AT THE TEXAS MOTOR SPEEDWAY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the development and operation of events at the Texas Motor Speedway create a high -traffic volume during such events; and WHEREAS, the cities and counties which will most likely be impacted by such events desire to work as a team to alleviate traffic congestion and enhance traffic safety in the vicinity of the Texas Motor Speedway during large-scale events; and WHEREAS, the Town of Westlake, at its sole discretion, desires to participate in this cooperative agreement and is willing to provide additional personnel and equipment to provide enhanced enforcement and traffic control. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all of the statements contained in the preamble above are found to be true and correct. SECTION 2: That the Town Manager is hereby authorized to execute the Texas Motor Speedway Law Enforcement Task Force Agreement, same being attached hereto as Exhibit "A and incorporated herein in its entirety. SECTION 3: Should any one or more of the provisions contained in this Resolution or the attached Agreement for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any of the provisions thereof and this Resolution and the attached Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in the Resolution. SECTION 4: That this Resolution shall take effect immediately upon its passage. PASSED AND APPROVED ON THIS 27T" DAY OF JANUARY 2003. Scott Bradley, Mayor ATTEST: Ginger, rosswy, Town gbcretary Trent Petty, Town M,�ager APPROVED AS TO FORM: L.`S` Effton Low"me'lown STATE OF TEXAS TEXAS MOTOR SPEEDWAY LAW ENFORCEMENT TASK FORCE COUNTIES OF TARRANT, § AGREEMENT DENTON AND WISE This agreement is willingly entered into by all parties that have affixed their signatures to this document, (hereinafter referred to as 'Members"), and the City of Fort Worth, (hereinafter Imown as "City"), pursuant to Chapter 791 of the Texas Government Code, concerning interlocal cooperation contracts, and, Chapter 3)62 of the Texas Local Government Code, concerning interlocal law enforcement cooperation and assistance. WITNESSETH WHEREAS, the members of this agreement desire to work as a team to alleviate traffic congestion and enhance traffic safety in the vicinity of Texas Motor Speedway during large scale events; and WHEREAS, the members of this agreement are willing to provide additional personnel and egLiiprnent to provide enhanced enforcement and traffic control; and WHEREAS, the high traffic volume during events at the Texas Motor Speedway affects all members to this agreement. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: ARTICLE L Definitions The following terms shall have the following meanings when used in this contract: (a) "LAW ENFORCEMENT OFFICER" means any police officer, sheriff or deputy sheriff, constable or deputy constable, marshal or deputy marshal, or officers of the Texas Department of Public Safety; (b) "PERSONNEL" means any civilian employee of the provider agency. (c) "MEMBER" means any county or municipality, or state law enforcement agency which is a party to this contract. (d) "CHIEF LAW ENFORCEMENT OFFICER" means the chief of police of a municipality, the sheriff of a county, a constable, or the director off the Texas Department of Public Safety. This term also applies to any person designated by the chief law enforcement officer to act on his behalf in regards to this contract. e) "REQUESTING AGENCY' means the member law enforcement agency that is requesting assistance from another member agency. (f} "PROVIDER AGENCY" means the member law enforcement agency that is providing assistance to another member agency. ARTICLE II. Purpose The purpose of this contract is to provide for cooperation of the member agencies in the enforcement of the traffic laws of this state, through additional law enforcement officers, personnel and equipment to control and direct the flow of vehicular and pedestrian traffic in the vicinity of the Texas Motor Speedway at those times when Speedway events cause unusually high traffic volume in that area. ARTICLE III. Term This contract shall remain in Lill force and effect for a period of one year from the date of execution set forth below, and from year to year thereafter unless terminated by all parties upon written notice being given of the intention not to renew, such notice to be given not less than ninety (90) days before such termination. A member agency's deter-nination not to renew its participation in the agreement does not by itself terminate this agreement, except as to that agency. ARTICLE IV, Personnel Each member agency shall, at the discretion of the chief law enforcement officer of the provider agency, assign its law enforcement officers, personnel and equipment to perform the law enforcement duties of vehicular and pedestrian traffic direction and control, outside its territorial limits, subj ect to the determination of the availability of law enforcement officers, personnel and equipment when: (a) The chief law enforcement officer of the requesthig agency requests, either in writing or orally, assistance fiom the provider agency through the chief law enforcement officer of the provider agency; and (b) The chief law enforcement officer of the provider agency has determined, in his/her sole discretion, that the assignments of its law enforcement officers, personnel and equipment is necessary to assist in the law enforcement duties of control and direction of vehicular and pedestrian traffic. ARTICLE V. Command and Control Law enforcement officers, personnel and equipment assigned to a requesting agency shall remain under the ultimate command of the chief law enforcement officer of the provider agency. ARTICLE VI. Complaint or Grievance In the event that any law enforcement officers or personnel assigned to a requesting agency are involved in an incident which results in a complaint or grievance being filed against the law enforcement officers or personnel, the internal investigation, if any, conducted to investigate such complaint or grievance shall be conducted by the provider agency according to its policies and procedures. ARTICLE VII. Request for Assistance Any request, written or oral, for assistance under this contract shall include the amount and type of equipment and number of law enforcement officers and personnel requested, and the location to which the equipment, law enforcement officers and personnel are to be dispatched. However, the amount and type of equipment and number of law enforcement officers and personnel to be furnished shall be determined solely by the chief law enforcement officer of the provider agency. ARTICLE VIII. Communications Communications between member agencies shall be coordinated by the requesting agency's officer in tactical control at the location to which the provider agency's law enforcement officers personnel and equipment have been assigned. When practical, the primary means of cominunication shall be by inter -city radio frequency, either mobile to mobile or mobile to base with the requesting agency providing communication center coordination. ARTICLE IX. Assignment Law enforcement officers and personnel of the provider agency shall advise the requesting agency's officer in tactical control of the location to which they have been assigned, but shall remain under the command of the chief law enforcement officer of the provider agency as provided under paragraph V of this contract. ARTICLE X. Release of Personnel Law enforcement officers, personnel and equipment of the provider agency shall be released by the requesting agency when their services are no longer needed. However, the chief law enforcement officer of the provider agency, in his sole discretion, at any time may withdraw his law enforcement officers personnel or equipment or discontinue participation in any activity initiated pursuant to this contract. I=■ -two to -a -m * Jurisdiction While any law enforcement officer regularly employed as such by a provider agency is in the service of the requesting agency, he shall be a peace officer of the requesting agency and be under the direction of the requesting agency's chief law enforcement officer with all the powers of a regular law enforcement officer of the requesting agency, as fully as though he were within the territorial limits of the governmental entity where he is regularly employed in his qualifications, respectively, for an officer where regularly employed shall constitute his qualifications for an officer within the territorial limits of the requesting agency, and no other oath, bond, or compensation need be made. ARTICLE XII. Remuneration Any Iaw enforcement officer or personnel assigned, designated, or ordered by the chief law enforcement officer of the provider agency who is regularly employed to perform duties pursuant to this contract, shall receive the same wage, salary, pension and all other compensation and all rights for such service, including injury or death benefits, and workers compensation benefits, the same as though the service had been rendered within the limits of the agency where he is regularly employed. All pension payments, damage to equipment and clothing, medical expenses and expenses for travel, food, and lodging shall be paid by the member which regularly employs such law enforcement officer or personnel in the same manner as though the service had been rendered within the territorial limits of the agency where he is regularly employed. ARTICLE XIII. Legal Action In the event that any law enforcement officer or personnel performing services pursuant to this contract is cited as a party to any civil lawsuit, state or federal, arising out of the performance of those services he shall be entitled to the same benefits that he would be entitled to receive if such civil action had arisen out of his duties as a member of the department where lit is regularly employed and in the jurisdiction of the, agency by which he is regularly employed. ARTICLE XIV. Waiver of Claims Each party to this contract expressly waives all claims against every other party to this contract for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this contract, to the extent permitted by law. ARTICLE X.V. Third Party Claims Third party claims against members shall be governed by State law ARTICLE XVI. Immunity It is expressly understood and agreed that, in the execution of this contract, 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. ARTICLE XVII. Venue If legal action is necessary to enforce this contract, exclusive venue shall lie in the county in which the defendant agency member is located, and if located in more than one county, in the county in which the principal office of the defendant agency member is located. ARTICLE XVIII. This contract shall be governed by the laws of the State of Texas. ARTICLE XIX. Legal Construction In case any one or more of the provisions contained in this contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability it shall not affect any of the provisions thereof, and this contract shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained in the contract. ARTICLE XX. Termination Any party to this contract may terminate the contract by giving sixty (60) days written notice mailed by certified mail to the chief law enforcement officer of each member. ARTICLE XXI, Amendments This contract may be amended or modified by the mutual agreement of all the parties hereto in writing to be attached to and incorporated into this contract. ARTICLE XXII. Entire Agreement This contract embodies the complete contract of the parties hereto superseding all oral or written previous and contemporary agreements between the parties and relating to matters in this contract, and except as otherwise provided herein cannot be modified without written agreement of the parties to be attached to and a part of this contract. ARTICLE XXIII. Approving Resolution This contract shall be executed by the duly authorized official or officials of the party as expressed in the approving resolution or order of the governing body of such party, a copy of which is attached hereto, and this contract shall remain in effect until rescinded by resolution or order of such governing body and notice of that action is transmitted in writing to all other parties to this contract. ARTICLE X IV. Governing Lawn The parties agree that their collective agreement may be evidenced by the execution of an identical counterpart of this instrument by the duly authorized official of each. party. Dated this day of , 2a THE CITY OF FORT WORTH By: Chief of Police APPROVED: City Manager APPROVED AS TO FORM AND LEGALITY City Attorney ATTEST: City Secretary COUNTY OF DENTON B y: County Judge By: County Sheriff APPROVED AS TO FORM AND LEGALITY: District Attorney COUNTY OF TARRANT By: County Judge By: County Judge APPROVED AS TO FORM AND LEGALITY: District Attomey CXTY OF NORTHLAKE By: Chief of Police By:. City Manager By: City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney CITY OF ROANOKE By: Chief of Police By. City Manager Ciiy Secretary APPROVED AS TO FORM AND LEGALITY: City Attomey CITY OF TROPHY CLUB By: Chief of Police B y: City Manager By: City Secretary APPROVED AS TO FORM AND LEGALITY: City Attoriiey CITY OF WESTLAKE By: G -+V L — —4 4 � Chief of Police By: City Manager X,, By: Ci Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney CITY OF HASLET By: Chief of Police By: City Manager By: City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney CITY OF JUSTIN By: Chief of Police By: City Manager By: City Secretary APPROVED AS TO FORM AND LEGALITY: City Attomey TEXAS DEPARTMENT OF PUBLIC SAFETY By: Director APPROVED AS TO FORM AND LEGALITY: Assistant Attointy General TEXAS DEPARTMENT OF TRANSPORTATION By: Director APPROVED AS TO FORM AND LEGALITY: Assistant Attomey General