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Res 96-10 Approving and Adopting a Law Enforcement Contract with the Town of Trophy ClubTOWN OF WESTLAKE RESOLUTION 96-10 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. NOW, THEREFORE, 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 become effective upon its passage and approval. PASSED AND APPROVED by the Board of Aldermen of the Town of Westlake, Texas this 12"' day of August, 1996. Scott Bradley, Mayor ATTEST: 1'-)4L L'Qr�6� Ginger osswy, Town Sec ry APPROVED AS TO FORM: Paul C. lsharn, Town Attorney 3R, TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 96- 2 2 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING AND ADOPTING AN AMENDED AND RESTATED CONTRACT BETWEEN THE TOWN AND THE TOWN OF WESTLAKE, TEXAS, FOR THE PROVISION OF LAW ENFORCEMENT SERVICES BY THE TOWN TO THE TOWN OF WESTLAKE; AND 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 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 Westlake, Texas. Section 2. The Mayor of the Town is hereby authorized, empowered and directed to execute the 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 Cou il of the Town of Trophy Club, Texas this the - I 7t. -h day of -;roS2 tember, 1995: �/ Mayor ATTEST: Karen Sadri Town Secretary [Seal] ,AP' AP S �O FORM: John -MHill Town Attorney AMENDED and RESTATED LAW ENFORCEMENT SERVICES AGREEMENT between The TOWN of TROPHY CLUB and the TOWN of WESTLAKE Recitals 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, and further amended and restated as of August 14, 1995. Trophy Club and Westlake desire to continue the interlocal agreement providing for law enforcement by Trophy Club in Westlake. 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 Agreement Page 1 Agreement The Town of Trophy Club, Texas and the Town of Westlake, Texas amend and restate 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, 1996. 2. Term. The term of this Agreement is from September 1, 1996 through August 31, 1997, and shall automatically renew for successive one year terms unless termination notice is given by either party at least 30 days before the end of the original or renewal term (as the case may be). 3. Definitions. When used in this Agreement, the following words and phrases have the respective meanings ascribed to them: • "Emergency" means circumstances that call for immediate law enforcement action in response to 911 calls. a "Patrol services" means the routine patrol, inspection and review of, and the enforcement of laws within, the Service Area by police officers. • "Police officer" means a police officer of the Town of Trophy Club, Texas. 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 which limits are shown on the map attached as Exhibit "A." Amended and Restated Law Enforcement Services Agreement Page 2 4. Law Enforcement Services. Trophy Club may, in its sole discretion, provide law enforcement services to the Service Area as deemed appropriate by Trophy Club. In exercising 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 reasonable protection to persons within Trophy Club while providing law enforcement services to the Service Area. S. 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 tickets filed as a result of the law enforcement services rendered. Complaints or citations for offenses committed in the Service Area will be filed in the Trophy Club Municipal Court and heard by the Trophy Club Municipal Judge. To that end, the Trophy Club Municipal Judge is appointed as the Municipal Judge for the Town of Westlake, Texas; the Trophy Club Town Attorney is appointed as the prosecutor for the Town of Westlake; and the Trophy Club Court Clerk is appointed as the Court Clerk for the Town of Westlake. All class "C" misdemeanor complaints filed under this Agreement will be filed in Trophy Club's Municipal Court acting as the Municipal Court for the Town of Westlake. Each complaint must be processed in the same manner as a complaint filed for a violation of a law within the corporate limits of Trophy Club. 6. Assignment. Trophy Club hereby assigns its law enforcement officers to investigate criminal activity and to enforce the laws of this State outside Trophy Club's territorial limits and inside the territorial limits of Westlake in response to calls received by Westlake. Trophy Club officers responding to calls are under the control and direction of the Chief of Police of Trophy Club. Amended and Restated Law Eaforeement Services Agreement Page 3 7. Arrests. While acting under 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. 8. Withdrawal of Personnel. The Chief Law Enforcement Officer of Trophy Club, in his sole discretion, may at any time withdraw assigned personnel or equipment or discontinue participation in any activity initiated under this Agreement. 9. Priority of Service. Notwithstanding any other provision of this Agreement, patrol services within Trophy Club have priority over patrol services within the Service Area, and emergencies within Trophy Club have priority over emergencies within the Service Area. 10. Law Enforcement Services Compensation. Westlake must promptly pay Trophy Club for law enforcement services rendered under this Agreement. Trophy Club will submit a monthly invoice within ten (10) days after the last day of the month. The invoice will be for the actual direct personnel, independent contractor, equipment and other related costs incurred by Trophy Club under this Agreement, 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 attached Exhibit go 11. Municipal Court Fees. All fines, monies, warrant fees, and other payments received by Trophy Club in its Municipal Court acting in its capacity as the Westlake Municipal Court for the processing of a complaint must be sent to Westlake within ten (10) days after the last day of the month in which they were collected. Westlake must pay Trophy Club for Municipal Court services monthly. Trophy Club will submit an invoice to Westlake within ten Amended and Restated Law Enforcement Services Agreement Page 4 (10) days after the last day of the month. The invoice will prorate the monthly costs for the operation of the Trophy Club Municipal Court based on a ratio of the number of complaints filed under 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 under this Agreement = 500; total complaints filed under this Agreement = 10; total monthly cost to operate Trophy Club's Municipal Court = $5,000.00; total invoice cost to Westlake = 10/500 or 2% of $5,000.00 plus 10% for administrative and overhead cost. In this example, the total monthly cost for processing ten (10) tickets would be $110.00.) 12. Criminal Investb4ation Fees. For the investigation of any criminal activity provided by Trophy Club to Westlake, Westlake must pay to Trophy Club: • A fee of $25.00 for each hour, or any part thereof, for a criminal investigation; and 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. These fees, costs and expenses will be set out in a monthly invoice submitted by Trophy Club, and must be paid by Westlake within ten (10) days after receipt of the invoice. 13. Governmental Immunity. The fact that Trophy Club and Westlake accept certain responsibilities relating to the rendition of 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 be, and it is hereby, invoked to the extent possible under the Amended and Restated Law Enforcement Serveees Agreeauent Page 5 law. Neither Trophy Club nor Westlake waives or shall be deemed to waive any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. 14. Claims. Third party claims against Trophy Club and Westlake are governed by the Texas Tort Claims Act and other appropriate statutes, ordinances and laws of the State of Texas. 15. Indemnification. All civil liability related to the furnishing of the services contemplated by this Agreement to Westlake by Trophy Club are the responsibility of Westlake as the governmental unit which would be responsible for furnishing these services absent this Agreement. Accordingly, Westlake agrees, to the maximum extent permitted by law, to 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 wilful or wanton act. This obligation will be payable out of the current revenues of the Town of Westlake. 16. Termination. This Agreement may be terminated at any time by either party giving at least thirty (30) days written notice to the other party of the termination. If this Agreement is terminated, Westlake must compensate Trophy Club for all services performed to the date of termination. Amended and Restated law Enforcement Services Agreement Page 6 17. Notices. Where the terms of this Agreement require that notice in writing be provided, the notice must 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 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 between Trophy Club and Westlake and supersedes all prior negotiations, representations and/or agreements, either written or oral, on this subject. This Agreement may be amended only by written instrument signed by both Trophy Club and Westlake. 19. Choice of Law. This Agreement must be construed - and its performance enforced - under Texas law. 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. Meer. This Agreement represents the parties' final and mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Agreement may not be modified or replaced except by another signed written agreement. Amended and Restated Lew Enforcement Services Agreement Page 7 23. Counterparts. This Agreement may be executed in any number of counterparts with the same effect as if all signatories had signed the same document. All counterparts must be construed together to constitute one instrument. 24. Mediation. if this contract gives rise in any way to a dispute that cannot be settled through negotiation, the parties agree first to try in good faith to mediate under the Commercial Mediation Rules of the American Arbitration Association. Only after mediation may the parties arbitrate, litigate, or engage in other dispute -resolution procedures. 25. No Waiver. The waiver of any breach of any term of this Agreement does not waive any other breach of that or any other term. 26. Authority. The undersigned officers and/or agents are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of Trophy Club and Westlake, respectively, and each party certifies to the other that any necessary resolutions extending this authority have been duly passed and are now in effect. EXECUTED in duplicate originals at Denton County, Texas, this 12th day of August, 1996. TOWN OF TROPHY CLUB, TE 'James P. Mayor ATTEST: Karen Sadri Town Secretary Amended and Resisted Law Enforcement Services Agreement TOWN OF WESTLAKE, TEXAS by; S - • F y Scott Bradley Mayor ATTEST: by: Gin _ Crosswy Town Secretary Page a APPROVED AS TO FORM; WL . Hill Town Attorney APPROVED AS TO FORM: by: tom% a Paul C. Isham Town Attorney Amended and Restated Law Enforcement Services Agreement Page 9 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.