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1988-0230 CITY OF SOUTHLAKE, TEXAS RESOLUTION 88-23 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS APPROVING AND AUTHROZING THE CITY MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE CITY OF GRAPEVINE POLICE DEPARTMENT. DECLARING AN EFFECTIVE DATE. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. That the City Council hereby approved the Mutual Aid Agreement in the form attached hereto as Exhibit "A" and authorized and directs the City Manager to execute and deliver such agreement to the City of Grapevine on behalf of the city. Section 2. That this Resolution shall be in full force and effect from and after its passage. PASSED AND APPROVED THIS THE 1'5TH AY ASF_ Marc 1 AIST: Z)d Sandra L. LeGrand City Secretary nnyH. Westerholm or if Southlake POLICE DEPARTMENT CITY OF GRAPEVINE, TEXAS 307 W. DALLAS ROAD / P.O. BOX 729 GRAPEVINE, TEXAS 76051 METRO (817) 481-0300 February 19, 1988 Chief Jerry Crowder Southlake Police Department 667 South Carroll Avenue Southlake, Texas 76092 Dear Chief Crowder: The City of Grapevine Police Department requests that your agency enter into a Mutual Aid Agreement with this department. Enclosed please find our Mutual Aid Proposal. Please return the completed document to me at your earliest convenience. If you have further questions, please feel free to contact me at 817) 481-0326 or Mr. Chris Caso, City Attorney at (817) 481-0409. Your cooperation is appreciate. Respectfully, A&AA4-- H. A.(veggans Chief of Police Enclosure HAD/sld 4 60,00 a N5 _12 Ui A Mutual Aid Agreement (the "Agreement"), by and between the City of Grapevine, Texas (the "City"), and the City of Southlake, Texas Southlake"), (collectively referred to herein as the "Parties"), dated as of , 1988. W I T N E S S E T H: WHEREAS, pursuant to Chapter 362, Texas Local Government Code (the Code"), counties, municipalities and joint airports are authorized to execute mutual assistance agreements to provide additional law enforcement officers to protect health, life, and property against riot, threat of concealed explosives, unlawful assembly accompanied by the use of force and violence, and during times of natural disaster or man-made calamity; and WHEREAS, pursuant to the Code, a county, municipality, or joint airport may enter into an agreement with a neighboring municipality or joint airport or contiguous county to form a mutual aid law enforcement task force to cooperate in the investigation of criminal activity and enforcement of the laws of this state; and WHEREAS, the City and Southlake desires to enter into a mutual law enforcement assistance agreement in the manner and to the extent authorized by the Code; NOW, THEREFORE, it is mutually agreed by and between the Parties hereto as follows: I. The following items shall have the following meanings when used in this Agreement: a) "Law Enforcement Officer" means a municipal police officer, sheriff, deputy sheriff, constable, deputy constable, marshal, deputy marshal, or a police officer of a joint airport who has been commissioned as a peace officer under the laws of this state. b) "Chief Law Enforcement Officer" means the chief of police of a municipality, the sheriff of a county or the Director of Public Safety of the Dallas -Fort Worth International Airport; c) "Chief Administrative Officer" means the mayor or city manager of a municipality or the county judge of a county, or the Executive Director of the Dallas -Fort Worth International Airport. d) "Requesting Party" means the Party requesting law enforcement assistance from the Responding Party. e) "Responding Party" means the Party responding to the request for law enforcement assistance from the Requesting Party. f) "Joint Airport" means an airport that is operated jointly by two municipalities and that is situated in two counties. II. The Parties hereto hereby form a mutual aid law enforcement task force to cooperate in the investigation of criminal activity and enforcement of the laws of this state and further agree to assist, each other in providing law enforcement officers to protect health, life, and property, subject to the following terms and conditions set forth herein: Each of the Parties hereto may assign its law enforcement officers to perform law enforcement duties outside its territorial limits and inside the territorial limits of the other party, when the mayor or other officer authorized to declare a state of civil emergency in the Requesting Party's county, municipality, or joint airport considers additional law enforcement officers necessan7 to protect health, life and property in the county, municipality, or point airport because of disaster, riot, threat of concealed explosives, or unlawful assembly characterized by force and violence or the threat of force and violence by three (3) or more persons acting together or without lawful authority. IV. Each of the Parties hereto may assign 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 the other Party when and to the extent: A) Requested by the Chief Administrator Officer of the other Party; and B) The Chief Law Enforcement Officer of the Responding Party in such officer's sole discretion determines that the assignment is necessary for the investigation of criminal activity and for enforcement of the laws of this state. V. Any request for aid under this Agreement shall include a statement of the amount and type of equipment and number of personnel requested, and shall specify the location to which the equipment and personnel to be furnished shall be determined by the Responding Party's Chief Law Enforcement Officer. VI. Police personnel of the Responding Party shall report to the Requesting Party's Officer in tactical control at the location to which they have been assigned, and shall be under the comnand of the Requesting Party's Chief Law Enforcement Officer. VII. Police personnel of the Pesponding Party will be released by the Requesting Party when their services are no longer required. VIII. The Chief law Enforcement Officer of the Responding Party, 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. IX. While any law enforcement officer regularly employed as such by a Responding Party is in the service of the Requesting Partv, such officer shall be a peace officer of the Requesting Party and be under the command of the Requesting Party's Chief Law Enforcement Officer, with all the powers, investigatory or otherwise, of a regular law enforcement officer of the Requesting Party, as fully as though such officer were within the territorial limits of the qovernmental entity where such officer is regularly employed, and such officer'-- qualifications, fficer'= qualifications, respectively, for office where regularly employed shall constitute such officer's qualifications for office within the territorial limits of the Requesting Party, and no other oath, bond, or compensation need be made. Additionally, such law enforcement officer shall have the same investigative authority as if such officer vere investigating criminal activity within the territorial limits of the governmental entity where such officer is regularly employed. X. While acting pursuant to this Agreement, a law enforcement officer employed by a Party hereto may make arrests outside the territorial limits of the Party by whom such officer is regularly employed but within the territorial limits of the other Party, provided that the law enforcement agency of the area where the arrest is made is notified of such arrest without delay and the notified agency shall make available the notice of the arrest in the same manner as if said arrest were made by a member of the law enforcement agency of that Party. XI. Each Party to this Agreement expressly waives the right to such recovery from the other Party pursuant to Section 362.003(c) of the Code, for reimbursement for wages, disability, pension payments, damages to equipment and clothing, medical expenses, and travel, food and lodging expenses. XII. Any law enforcement officer or other person who is assigned, designated, or ordered by the Chief Law Enforcement Officer of the Party which regularly employs such officer to perform police or peace officer duties pursuant to this Agreement shall receive the same wages, salary, pension, and all other compensation and all other rights for such service, including injury to death benefits, and worker's compensation benefits, the same as though the service had been rendered within the territorial limits of the Party where such officer is regularly employed. Moreover, all wage and disability payments, including worker's compensation benefits, pension payments, damage to equipment and clothing, medical expenses, and e:tpenses of travel, food and lodging, shall be paid by the Party which regularly employs such person in the same manner as though the service had been rendered within the limits of the Party where such officer is regularly employed. In the event that any person performing law enforcement services pursuant to this Agreement shall be cited as a party to any civil lawsuit, state or federal, arising out of the performance of those services, such officer shall be entitled to the same benefits that he or she would be entitled to receive if such civil action had arisen out of the performance of such person's duties as a member of the department where and in the jurisdiction of the Party where such person is regularly employed. Q Each Party to this Agreement expressly waives all claims against the other Party for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement. XV. 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. XVI. It is expressly understood and agreed that, in the execution of this Agreement, no Party waives, nor shall be deemed hereby to c-raive, any inrMnity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. XVII. 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. XVIII. 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. In case any one or more of the provisions contained in the Agreement shall for any reason be held to be invalid, illegal, or unenforceable in anv 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. 0:9 Any Party to this Agreement may terminate this Agreement by giving thirty (30) days written notice mailed by certified mail to the•Qzief Law Enforcement Officer of the other Party. XXI. 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. XXII. 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. " XXIII. This instrument contains all commitments and agreer.ents of the Parties, and oral or written ccmLitments not contained herein shall have no force or effect to alter any term or condition of this Agreement. DATED AND SIGNED on this the 25 day February 1988. is E. Dawson amity Manager ity of Grapevine, Tarrant County_ , Texas ATTEST: 14zeI, Linda Huff, City retary H. A. D6ggans, Chief of Police Lloyd 0. Latta Jr. City Manager City of Southlake, Texas ATTEST: Sandra L. LeGrand, City Secretary Jerry Crowder, Chief of Police