RES 2015-09TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2015-09
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS APPROVING AN INTERLOCAL
AGREEMENT BETWEEN THE TOWN AND THE CITIES OF
KELLER, SOUTHLAKE, COLLEYVILLE AND ROANOKE FOR
THE CREATION, OPERATION, AND FUNDING OF THE NORTH
TARRANT REGIONAL SWAT TEAM; AUTHORIZING THE
MAYOR OR HIS DESIGNEE TO EXECUTE THE AGREEMENT
ON BEHALF OF THE TOWN; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas
Government Code, authorizes governmental entities to contract with each other
to perform government functions and services, such as those that serve the
public health and welfare; and
WHEREAS, the Cities of Keller ("Keller"), Southlake ("South lake"),
Colleyville ("Colleyville"), Roanoke ("Roanoke"), and the Town of Trophy Club
Trophy Club ("Trophy Club"), (hereinafter collectively "Cities"); have determined
that there exists an on-going need for the creation and operation of a jointly
operated and funded Special Weapons and Tactic Unit (the "North Tarrant
Regional SWAT Team") to operate and have jurisdiction in the Cities; and
WHEREAS, the Act provides the authority for the Cities to enter into the
Agreement for the creation, operation and funding of the North Tarrant Regional
SWAT Team;
WHEREAS, the Town Council has been presented a proposed Interlocal
Cooperation Agreement by and between the Town of Trophy Club, Texas, and
the Ciies providing terms and conditions for the creation and operation of a jointly
operated and funded SWAT Team, a substantial copy of which is attached hereto
as Exhibit "A" and incorporated herein by reference (hereinafter called
"Agreement"); and
WHEREAS, upon full review and consideration of the Agreement and of
this Resolution, and all matters attendant and related thereto, the Town Council
is of the opinion that the execution of the Agreement serves a valid public
purpose, that all funds necessary to pay for the services shall be paid out of
current revenue legally available to the parties to the Agreement and shall not
exceed the amount budgeted therefore in the current fiscal year budget, that the
terms and conditions of the Agreement should be approved, and that the Mayor
or his designee should be authorized to execute the Agreement on behalf of the
Town of Trophy Club.
RES 2015-09 1
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS THAT:
Section 1. The Town Council of the Town of Trophy Club, Texas (the
"Town") does hereby approve and agree to enter into an agreement with the
Cities of Keller, Southlake, Colleyville, and Roanoke, a substantial copy of which
is attached hereto and incorporated herein as Exhibit "A", for the creation,
operation and funding of the North Tarrant Regional SWAT Team.
Section 2. The Mayor or his designee is hereby authorized, empowered
and directed to execute the Agreement on behalf of the Town of Trophy Club.
Section 3. This Resolution shall take effect from and after its date of
passage.
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas this the 26th day of May, 2015.
ATTEST:
Holly Fi res, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
atricia A. Adams, Town Attorney
Town of Trophy Club, Texas
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
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RES 2015-09 2
North Tarrant Regional SWAT
INTERLOCAL AGREEMENT
STATE OF TEXAS
DENTON and TARRANT COUNTIES
This Agreement (the "Agreement") is made and entered into by and between the Cities of
Keller ("Keller"), Southlake ("Southlake"), Colleyville ("Colleyville"), Roanoke
("Roanoke"), and Town of Trophy Club ("Trophy Club"). The afore -mentioned cities
and town may be referred to in the Agreement collectively as the "Cities."
WHEREAS, the Cities mutually agree and have determined that there exists an on-going
need for the creation and operation of a jointly operated and funded Special Weapons and
Tactical Unit (the "North Tarrant Regional SWAT Team") to operate and have
jurisdiction in the Cities; and
WHEREAS, Chapter 791 of the Texas Government Code (the "Act") provides the
authority for the Cities to enter into the Agreement for the creation, operation and
funding of the North Tarrant Regional SWAT Team;
NOW, THEREFORE, for the consideration of the mutual covenants, agreements and
benefits contained in the Agreement, the receipt and sufficiency of which are agreed to
and acknowledged, the Cities agree as follows:
1. INCORPORATION OF RECITALS. The recitals and findings stated
above are hereby found to be true and correct and are incorporated into the Agreement in
their entirety.
2. EFFECTIVE DATE OF AGREEMENT TERM: CONSIDERATION.
(a) Effective Date of Agreement. The term of the Agreement shall become
effective upon the approval by the governing bodies for all of the Cities, respectively and
shall commence upon the date the last City executes the Agreement.
(b) Term. The term shall be for one (1) year and the Agreement shall renew
for successive one (1) year terms automatically unless any one (1) or more of the Cities
shall provide its written notice of non -renewal to all other Cities at least ninety (90) days
prior to the expiration of the then -existing term.
(c) Consideration. This Agreement is executed by the parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is forever
confessed.
3. GOVERNING BODY AUTHORIZATION AND APPROVAL. Prior to
execution below, the Agreement has been authorized by the Cities at a duly -called and
legally noticed public meetings by Resolution, pursuant to §791.011(d)(1) of the Texas
Government Code.
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4. GRANTS OF AUTHORITY AND JURISDICTION.
For law enforcement purposes and jurisdiction associated with the Agreement,
peace officers of the Cities are granted full peace officer authority throughout the Cities.
5. DESIGNATION OF SWAT TEAM AND REMOVAL OF SWAT TEAM
MEMBERS.
(a) Each City member to the Agreement shall independently select and
designate its peace officers that will be a member of the North Tarrant Regional SWAT
in the following manner:
(1) Team Member Designation. Each City to the Agreement shall determine
the procedures and methods by which individual peace officers are selected to be a
member of the North Tarrant Regional SWAT Team as determined by the Chief of Police
of each City, respectively. The Chief of Police of each City respectively may change the
number and designation of peace officers or other personnel by written notice to the
Chiefs of Police of the remaining Cities.
(2) Team Commander Designation. Police Chiefs of the Cities shall jointly
designate one peace officer to serve as the North Tarrant Regional SWAT Team
Commander (the "Commander"). The North Tarrant Regional SWAT Team shall report
to and be supervised by the SWAT Team Commander, who shall report jointly to the
Chiefs of Police of the Cities. It is the preference of the Cities that the designation of
Commander be reached by unanimous agreement, but if that is not possible, then the
choice may be made by a majority vote of the Police Chiefs of the Cities.
(3) Team Members Not to be Removed During Critical Events. Each City
agrees that Team Members will not be removed from a critical event for the duration of
the event. The Team Commander will designate if an event is a critical event. Examples
of critical events include matters for which the Team Members are called out, including
but not limited to hostage situations, high risk search or arrest warrants, suicidal subjects,
terrorist events, large scale arrest operations, barricaded persons, or any event involving a
high risk situation.
(b) Each City member to the Agreement agrees that if the Commander
requests that a certain member be removed from the SWAT Team that the City will
remove that member from the SWAT Team. The City may ask the reasons for the
request for the removal of the member.
6. SWAT TEAM SUPERVISION.
(a) Operations. The day-to-day supervision of the North Tarrant Regional
SWAT Team in regard to operations will be the responsibility of the Commander.
(b) Administration. Matters involving personnel, expenditure of funds and all
other administrative matters shall be made by the individual Police Chiefs of the Cities.
Matters involving any future joint use of funds, grant applications, or other administrative
matters that would involve the Cities jointly will be made jointly by the Police Chiefs of
the Cities, provided that the Police Chiefs can not obligate their City in regard to an
expenditure of funds beyond that which has been agreed to in this Agreement.
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7. SWAT TEAM RESPONSIBILITIES.
(a) The North Tarrant Regional SWAT Team is responsible for responding to,
assessing and resolving, critical incidents, including but not limited to, hostage situations,
barricaded subjects, high risk warrant service, terrorist events, providing high threat
dignitary protection, and other missions as determined and directed by the Chiefs of the
Cities. The North Tarrant Regional SWAT Team is responsible for responding to,
assessing and resolving other events or matters as well.
(b) The North Tarrant Regional SWAT Team will also provide tactical,
administrative and training assistance to all members of the police departments and
departments of public safety of the Cities and other Law Enforcement Agencies. The
North Tarrant Regional SWAT Team will also provide education to the citizenry of the
Cities.
8. FUNDING AND EXPENDITURES.
(a) Funds for expenditures related to salary, benefits, equipment, supplies and
operation of the North Tarrant Regional SWAT Team shall be provided by the respective
Cities.
(b) As required by the Act, the Cities acknowledge and agree that funding
under the Agreement will be made from current revenues available to each City. Funds
for the participation in, and the obligations of, the Agreement have been made or will be
made, in successive years, provided and approved, through the respective annual budgets
approved by the City Councils of the Cities.
9. EFFECT OF TERMINATION. Upon any termination of the Agreement,
each item of equipment purchased for the North Tarrant Regional SWAT Team shall be
owned and kept by the purchasing City. If items are jointly purchased or obtained by a
grant at some future date, the Cities will establish the procedures regarding where the
item is kept and which agency will retain possession at the termination of this Agreement
and other matters at the time the funding is sought or the item is purchased.
10. PUBLIC INFORMATION OFFICER.
(a) Media Relations During- Incident. The City and law enforcement agency
with primary jurisdiction during any specific operations of the North Tarrant Regional
SWAT Team will be responsible for overall media relations for that specific operation,
although that agency may request assistance from any other agency in regard to media
operations.
(b) Public Information Requests. Each city shall be responsible for public
information requests that are delivered to that City; however, if a public information
request involves an operation of the North Tarrant Regional SWAT Team and is made of
more than one city and requires a coordinated response, the City with primary jurisdiction
over the event will coordinate the response. The Cities agree that they will comply with
the Texas Public Information Act, including any applicable exceptions. The Cities agree
that, pursuant to §552.117 of the Texas Government Code, the Cities will not release
information that they may posses or have access to, regarding the home addresses,
telephone numbers or family information about the peace officers of other Cities, to the
extent allowed by law.
11. INCORPORATION OF OTHER DOCUMENTS. This Agreement incorporates
the following documents:
(a) Exhibit "A" attached hereto and incorporated herein is included in this
Agreement as if fully set out in the Agreement.
(b) The North Tarrant Regional SWAT Manual (the "Manual"), as it may be
amended from time to time in conjunction with consultation with all the Cities Police
Chiefs, is hereby incorporated in this Agreement. Each City will be provided a copy of
the Manual and any amendments and each City will maintain a current copy of the
Manual and any amendments in the administrative offices of their respective Police
Departments. No amendments may require increased expenditures or commitments by
the City beyond those set forth without the approval of the governing bodies of the Cities.
12. SEVERABILITY. If any portion of the Agreement is determined by a court of
competent jurisdiction to be invalid for any reason, the remaining provisions shall remain
in full force and effect.
13. SURVIVAL. Notwithstanding any termination of this Agreement, the following
Sections and the terms and conditions contained therein, shall remain in effect: Sections
8 "Funding and Expenditures;" 9 "Effect of Termination;" 11 "Severability;" 12
"Survival;" 13. "Waiver by Party;" 14 "Entire Agreement; Amendment" 15 "Venue;
State Law;" 19. "Liability; Sovereign Immunity."
14. ENTIRE AGREEMENT; AMENDMENT. The Agreement, including any and
all Exhibits mentioned herein, constitutes the entire Agreement between the Cities hereto
with respect to the subject matter hereof. Any amendments to the Agreement, other than
changes in procedure to the Manual as set out above, must be made in writing, approved
by the governing bodies of the Cities, respectively and signed by the City Manager of
each City, or the person with authority to sign agreements for that City, prior to such
amendment(s) becoming effective. However, this provision does not affect the right of
each City to designate, through their City Manager or designee, a different person to
receive notice than the person set out below.
15. VENUE; STATE LAW. The Agreement is governed by the laws of the State
of Texas and venue for any action brought to enforce the terms and conditions of the
Agreement shall lie exclusively in Tarrant County, Texas.
16. REMEDIES CUMULATIVE. No right or remedy granted or reserved to
the Cities is exclusive of any other right or remedy herein by law or equity provided or
permitted, but each right or remedy shall be cumulative or every other right or remedy
given hereunder. No covenant or condition of the Agreement may be waived without the
consent of the Cities.
17. NOTICES. Each notice or other communication which may be or is required
to be given under the Agreement shall be in writing and shall be deemed to have been
properly delivered when delivery is accomplished by one of the following methods: (1)
M
personal delivery to the person designated; (2) delivered by certified mail, return receipt
requested; (3) delivered via an overnight, express or other delivery service that provides
for written receipt of delivery. The persons designated to receive notices are set out
below; however, each City has the right, through their City Manager or designee, at any
time, to designate a different person to receive notices by giving the Cities fifteen (15)
days written notice of such designation. If the person designated below is not available to
receive notices, and the City has not designated another person, delivery to any other
person of the same or similar title to the person designated shall be considered effective
delivery of notice.
Persons Desiynated to Receive Notice:
City of Keller:
Mark Hafner, , Chief of Police
330 Rufe Snow
Keller, Texas 76248
City of Colleyville:
Mike Holder, Chief of Police
5201 Riverwalk Drive
Colleyville, Texas 76034
Town of Trophy Club:
Patrick Arata, Chief of Police
100 Municipal Drive
Trophy Club, Texas 76262
City of Southlake:
James Brandon, Chief of Police
600 State Street
Southlake, Texas 76092
City Of Roanoke:
Gary Johnson, Chief of Police
609 Dallas
Roanoke, Texas 76262
18, THIRD PARTIES. No provision of the Agreement shall create any third -party
beneficiary. Nothing contained in the Agreement shall be construed to create, expand, or
form a basis for liability to any third party under any theory of law. Further, each City
retains, and does not hereby waive, its immunities and defenses provided by law.
19. LIABILITY; SOVEREIGN IMMUNITY. To the extent any liability is found to
exist, each City hereto agrees that every City is responsible for its own liability. Each
City retains full authority to settle any claims against it as the City chooses. The parties
agree that no party has waived its sovereign immunity by entering into and performing
their respective obligations under this Agreement.
20. AUTHORITY TO EXECUTE.. The individuals executing this Agreement on
behalf of the respective parties below represent to each other and to others that all
appropriate and necessary action has been taken to authorize the individual who is
executing this Agreement to do so for and on behalf of the party for which his or her
signature appears, that there are no other parties or entities required to execute this
Agreement in order for the same to be an authorized and binding agreement on the party
for whom the individual is signing this Agreement and that each individual affixing his or
her signature hereto is authorized to do so, and such authorization is valid and effective
on the date hereof.
21. REPRESENTATIONS.. Each signatory represents this Agreement has been
read by the party for which this Agreement is executed and that such party has had an
opportunity to confer with its counsel.
22. MISCELLANEOUS DRAFTING PROVISIONS. This Agreement shall be
deemed drafted equally by all parties hereto. The language of all parts of this Agreement
shall be construed as a whole according to its fair meaning, and any presumption or
principle that the language herein is to be construed against any party shall not apply.
Headings in this Agreement are for the convenience of the parties and are not intended to
be used in construing this document.
23. ASSIGNMENT. This Agreement or any part thereof shall not be assigned or
transferred by any party without the prior written consent of the other party.
24. COUNTERPARTS. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
0
North Tarrant Regional SWAT Interlocal Agreement
EXECUTED hereto on the date, month and year shown below:
THE CITY OF SOUTHLAKE
A'12 j/ A b -o 1,0
Shana Yelvert City Manager
Chief of Police
on
THE CITY OF ROANOKE
A&Lp
Scott Campbe , City Manager
Au'yl/ av:r,-
Gary Jo on, hief of Police
2015
Executed on , 2015
THE TOWN OF TROPHY CLUB
Stephen Sei e , own Manager
Patrick Arata, Chief of Police
Executed on 2015
7
THE CITY OF COLLEYVILLE
?ennHferFatj, City Manager
Ow Holder, Chief of Police
MrK0,
Executed on 2015
THE CITY OF KELLER
farkHafner ity Manager
c
5�
, Chief of Police
Executed on �, l 1b , 2015
EXHIBIT `A'
RESPECTIVE AGENCY EXPENDITURES
1. Salaries, benefits and insurance of assigned personnel
2. Vehicles and operating expenses for assigned personnel
3. Vehicular and portable radio equipment and operating expenses for assigned
personnel
4. Liability insurance coverage for assigned personnel
5. Overtime pay and benefits for assigned personnel
6. Non -SWAT Team related training as required by agency
7. SWAT Team related training as determined by the Commander, and Chief(s)of
Police
8. Non -SWAT Team related travel required by agency
9. SWAT related travel as determined by the Commander, Chiefs) of Police
10. SWAT Team equipment and supplies as determined by the Commander, Chief(s)
of Police