HomeMy WebLinkAboutCity Council Resolutions (R-21-4633)-07/20/2021RESOLUTION R-21-4633
A RESOLUTION APPROVING A PROFESSIONAL SERVICES
AGREEMENT FOR INTERIM REGIONAL MUNICIPAL COURT JUDGE,
AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
WHEREAS, the Interlocal Agreement for Combined Municipal Court
Services for the cities of Colleyville and Keller, provides for the
selection of a Regional Municipal Judge; and
WHEREAS, Section 8.02 of the City of Colleyville Texas Charter states that
the Judge of the Municipal Court shall be appointed by the City
Council to serve at the discretion of the City Council. The judge
shall be an attorney licensed and practicing in the State of
Texas, and shall receive such salary as may be fixed by the
City Council. In case of the disability or absence of the Judge
of the Municipal Court, the City Council shall appoint a qualified
person to act in the judge's absence.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the above findings are hereby found to be true and
correct and are incorporated herein in their entirety.
Sec. 2. THAT the City Council of the City of Colleyville, Texas in
accordance with the Interlocal Agreement for Combined
Municipal Court Services for the cities of Colleyville and Keller,
Exhibit "A", hereby appoints Carol Montgomery as the Interim
City of Colleyville Municipal Court Judge for the City of
Colleyville Municipal Court of Record effective August 1, 2021,
and continuing until the earlier of (i) December 31, 2021, or
(ii) upon the appointment of a permanent regional municipal
court judge by the cities of Colleyville and Keller.
Sec.3. THAT notwithstanding the foregoing, the term of this
Agreement may be extended by mutual written agreement of
the Parties.
Sec. 4. THAT the Professional Services Agreement for Interim Regional
Municipal Court Judge attached as Exhibit "A" is approved and
the Mayor is authorized to sign the agreement.
Resolution R-21-4633
Page 2 of 2
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF 6 AYES, 0 NAYS ON THIS THE 20TH DAY OF JULY
2021.
Mayor Richard Newton Aye Mayor Pro Tern Bobby Lindamood Abs
Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye
Place 4, George Dodson Aye Place 5, Chuck Kelley Aye
Place 6, Callie Rigney Aye
ATTEST:
Christine Loven, TRMC
City Secretary
CITY OF COLLEYVILLE
Richard Newton
Mayor
PROFESSIONAL SERVICES AGREEMENT
FOR INTERIM REGIONAL MUNICIPAL COURT JUDGE
This Professional Services Agreement for Prosecution Services ("AgreemenP') is made by
and between the City of Colleyville ("Colleyville"), the City of Keller ("Keller"), and Carol
Montgomery ("Judge"), (each a"Party" and collectively the "Parties"), acting by and through their
authorized representatives.
RECITALS:
WHEREAS, Colleyville and Keller (collectively referred to as the "Cities") jointly
administer and operate a regional municipal court and
WHEREAS, the Cities desire to engage Judge Carol Mongtomeiy to provide interim
municipal courtjudge seivices for the Cities' regional municipal court pursuant to the terms of this
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and terms and conditions
herein contained, and of the execution hereof, the Parties agree and bind themselves to the
obligations and performance of the tasks as follows:
Article I
Purpose
The purpose of this Agreement is for the City to contract for interim municipal court judge
services to be performed in accordance with the terms and conditions of this Agreement.
Article II
Term
This Agreement shall be effective as of August 1, 2021 (the "Effective Date") and shall
expire the earlier of (i) December 31, 2021, or (ii) Lipon tlie appointment of a peimament regional
municipal coui�tjudge by the Cities. Notwithstanding the foregoing, the term of tliis Agreement
may be extended by mutual written agreement of tlie Parties.
Article III
Scope of Services
3.1 Re¢ional Municipal Court Jud¢e Services. Judge shall perfom all services required
of municipal court judges in accordance with Cities' respective Charters, the adopted policies and
procedures of the regional m��nicipal court, and the laws applicable to municipal judges of courts
in the State of Texas, as the same may be amended ("Services"). The Services shall include,
without limitation, the following:
(a) Preside over all municipal court proceedings;
(b) Pranptly handle all ad�ilt and juvenile arraingments (see Sectiou 3.2 below);
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(e)
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Execute all arrest wan�anYs;
Execute all court wanants;
Perform such other duties as assigned by the respective City Councils and/or the City
Managers that may be commensurate with the position of Regional Municipal Court
Judge; and
Perform all other administrative duties of a municipal court judge as may be provided
by ordinance, resolution of the City Council, or applicable State law.
3.2 Arraignments; Ma�istrate Duties. The Parties acknowledge that Judge will be
responsible for arraignments and existing magistrate duties for the regional holding facility (jointly
administered by Keller, Colleyville and Southlake), s�ibject to the terms and conditions of all
eaisting MOUs and otlier agreements with the Cities providing for the same.
33 Associate Judee(s). Upon prior written approval of the Cities, Judge shall be
entitled to ��tilize the services of one or more associate judges subject to any and all terms and
conditions established by the Cities, in the Cities' sole disrection. Presently, the Parties anticipate
that Lindsay Kinzie will serve as associate judge during the term of this Agreement.
3.4 Trainines. The Parties acknowledge that Judge may be required to participate in
training programs administered by the City of Southlake during the tenn of this Agreement and
agree that the City of Southlake, as Judge's current employer, may seek equitable contribution in
the form of reimbursement from the Cities for the propartionate costs of such trainings attributable
to tlie Judge's Services under this Agreement.
Article IV
Compensation
Judge shall be compensated for the Services based tiipon a flat annual rate of $135,000,
which will be paicl to Judge on a bi-weekly basis ($5,192.31) during the term of this Agreeinent.
Should this Agreement terminate prior to the last day of the month, the Judge's coinpensation will
be prorated on a daily basis for any partial month. Additionally, the Cities will provide Judge (i)
use of an iPad (to be purchased and o�y�ned by Colleyville), (ii) a one-time reimbursement up to
$250.00 for jLidicial robe(s), and (iii) an mobile telecommunications device stipend in the amount
of $100.00 per month during the term hereo£ Judge shall not be entitled to any other compensation
under this Agreement unless otherwise ageed by the Parties in writing.
Article V
Termination
5.1 Termination for Convenience. The Cities or Judge may terminate this Agreeinent,
in whole or in part, at any time by providing thirty (30) days written notice. Judge shall be
compensateci for all Services Lip to the time of termination. If Judge has any property or doc�iments
in its possession belonging to the Cities, Judge will accotimt for and dispose of the same in the
manner requested.
5.2 Termination for Default Breach or CauseL If Judge fails to perforni in the manner
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called for in this Agreement, or if Judge fails to comply with any other provisions of this
Agreement, the Cities may teiminate this Agreement for default. Termination shall be given by
serving a notice of termination on Judge setting forth the default and stating the date of termination.
Upon termination under this Section 5.2, Judge shall be compensated only for Services performed
in accordance with this Agreement through the date of termination.
5.3 Waiver of Remedies for Anv Breach. In the event that City elects to waive its
remedies for any breach or default by Judge of any covenai�t, term or condition of this Agreement,
such waiver by City shall not limit City's remedies for any succeeding breach or default of this
Agreement.
Article VI
Miscellaneous
6.1 Indenendent Contractor. It is understood and agreed by and between the Parties
that in satisfying the conditions of this Agreement, Judge is acting independently, and that the
Cities assume no responsibility or liabilities to any third party in connection with these actions.
All Services to be perfoimed by Judge pursuant to this Agreement shall be in the capacity of an
independent contractor, and not as an agent or employee of either Colleyville or Keller. Judge
shall supervise the performance of its Services and shall be entiUed to control the manner and
means by which its Services are to be performed, subject to the terms of this Agreement. As such,
the Cities shall not: (1) train the Judge; (2) require the Judge to complete regtiilar oral or written
reports; or (3) require any Judge to provide fiill-time employee services to either city.
6.3 Assignmeut of Agreement. Judge may not assign this Agreement, or assign or
delegate any right or duty under this Agreement, withoLit prior written approval from the Cities.
6.4 Notice. Any notice required or permitted to be given under this Agreement by one
Party to the other Party shall be in writing and shall be given and deemed to have been given
immediately if delivered in person to the recipienYs address set forth in this section, or on the date
shown on the certificate of receipt if placed in tlie United States mail, postage prepaid, by registered
or certified mail with return receipt requested, addressed to the receiving Party at the address
hereinafter specified:
For Colleyville:
Ciry of Colleyville
Attn: Jeriy Ducay, City Manager
100 Main Street, 3`d Floor
Colleyville, Te.cas 76034
E: jducay@colleyville.com
For Keller:
City of Keller
Attn: Mark Hafner, City Manager
P.O. BoY 770
Keller, Tex1s 76244
E: mhafner@cityoflceller.com
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FOR IST6RI\I R6GIOSAI. MUSICIPAL COl,'RT JCDCI;
For Judge:
Carol Montgomery
202 West LD Lockett
Colleyville, Texas 76034
6.5 Conflict of Interest. Judge covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which would conflict in any manner or degree with the
performance of Services required to be perfoimed under this Agreement. If any such conflict of
interest shall arise during the Agreement Term, Judge shall immediately and fully disclose the
nature and extent of the conflict to the respective party aiid resolve the conflict to party's
satisfaction.
6.6 Si¢natories. Having agreed to the terms herein, the undersigned signatories hereby
represent and warrant that they have authoriry to enter into this Agreement.
6.7 Applicable Law and Venue. The laws of the State of Texas shall govern this
Agreement; and venue for any action concerning this Agreement shall be in the State District Court
of Tarrant County, Texas. The Parties agree to submit to the personal and subject matter
jurisdiction of said court.
6.8 Amendments. This Agreement may be amended only upon written Agreement
signed by the Parties.
6.9 Severability/Interpretation. ln the event any one or more of Yhe provisions
contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in
any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and
the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never
been contained in it.
6.10 Compliance with Laws. Judge shall fiilly comply with all Federal, State, and Local
laws, rLiles, regulations, and ordinances applicable to the services covered hereLmder as they may
now read or may hereafter be amended.
[Signature page follows]
Pnce 4 I Crrr or Co��sn�n,�,r/Paoress[o���. See��tc�s Acrser��r�T
Foa I�Teau� R�c�o�n�. M[��c�r �� Co��aT Joncr:
CITY OP COLLEYVILLE
By:
Mayor Richard Newton
Date signed: ��2�1 � 7� zl
CITY OF KELLER
By: �'��
Mayor Armin Mizani
Date signed: "7 2 I 2 o Z �
REG[ONAL MUNICIPAL COUR"I JUDGE
(INTERIM)
I3Y: �1`•"' / � C ��I �
Carol Montgomery
Date signed: �� Z Z� Z �
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