Item 4M
Item 4M
M E M O R A N D U M
July 28, 2015
TO:Shana Yelverton, City Manager
FROM: James Brandon, Chief of Police
SUBJECT: Approve Interlocal Agreement for the North Tarrant Regional Special
Weapons and Tactics (SWAT) Team between the cities of Southlake,
Keller, Colleyville, Roanoke, and Trophy Club.
Action
Requested
: Approval of an agreement for continued participation in the North Tarrant
Regional SWAT team between the cities of Southlake, Keller, Colleyville,
Roanoke, and Trophy Club.
Background
Information:
The purpose of this item is to approve the agreement for the North Tarrant
Regional SWAT team (NTR SWAT) between the cities of Southlake, Keller,
Colleyville, Roanoke, and Trophy Club (member cities). This is an annual
agreement between the above listed cities for the funding, duties and
responsibilities of the North Tarrant Regional SWAT Team member cities.
The City of Trophy Club is being added to the MOU, causing the need for
re-approval.
The primary function of the NTR SWAT team is to respond to, assess, and
resolve critical incidents. These include but are 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 Police of the member cities.
The term of this agreement is for a period of one (1) year upon approval
from all governing bodies for all the member cities. It shall thereafter renew
for additional one-year terms automatically unless any one (1) or more of
the Cities provides its written notice of non-renewal to all other Cities at
least ninety (90) days prior to the expiration of the then existing term.
Financial
Considerations:
Funding for expenditures related to salary, benefits, equipment, supplies and
operation of the NTR SWAT Team shall be provided by the respective
member cities. Funds for the continued 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 each city.
Strategic Link:
This agreement links us
area of Safety and Security from the perspective of serving our customers
by (C1) achieving the highest standards of safety and security and (C5)
promoting opportunities for partnerships & volunteer involvement.
Legal
Review:
This proposal has been reviewed by the city attorney.
Supporting
Documents:
Interlocal Agreement for the North Tarrant Regional SWAT Team.
Alternatives:
Alternatives may include:
Approval of the agreement for the continued support of the North
Tarrant Regional SWAT team between the cities of Southlake, Keller,
Colleyville, Roanoke, and Trophy Club.
Non-approval of the agreement for the continued support of the North
Tarrant Regional SWAT team between the cities of Southlake, Keller,
Colleyville, Roanoke, and Trophy Club.
Staff
Contact:
James Brandon, Chief of Police
North Tarrant Regional SWAT
INTERLOCAL AGREEMENT
STATE OF TEXAS
DENTON and TARRANT COUNTIES
Keller
-mentioned cities may be referred to in the
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
the Cities; and
WHEREAS, Chapter
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.
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
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.
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)
Agreement as if fully set out in the Agreement.
(b) The North T
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
13.
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) 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 Designated to Receive Notice:
City of Keller: City of Southlake:
Mark Hafner , Chief of Police James Brandon, Chief of Police
330 Rufe Snow 600 State Street
Keller, Texas 76248 Southlake, Texas 76092
City of Colleyville: City Of Roanoke:
Mike Holder, Chief of Police Gary Johnson, Chief of Police
5201 Riverwalk Drive 609 Dallas
Colleyville, Texas 76034 Roanoke, Texas 76262
City of Trophy Club:
Patrick Arata, Chief of Police
100 Municipal Drive
Trophy Club, 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.
North Tarrant Regional SWAT Interlocal Agreement
EXECUTED hereto on the date, month and year shown below:
THE CITY OF SOUTHLAKE THE CITY OF COLLEYVILLE
Shana Yelverton, City Manager Jennifer Fadden, City Manager
James Brandon, Chief of Police Steve Holder, Chief of Police
Executed on _______________, 2015 Executed on ______________2015
THE CITY OF ROANOKE THE CITY OF KELLER
_____________________________
Scott Campbell, City Manager Mark Hafner, Interim City Manager
_____________________________ _____________________________
Gary Johnson, Chief of Police Mark Hafner, Chief of Police
Executed on _______________, 2015 Executed on _____________, 2015
THE CITY OF TROPHY CLUB
Steven Seidel, City Manager
Patrick Arata, Chief of Police
Executed on _______________, 2015
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, Chief(s) of Police
10. SWAT Team equipment and supplies as determined by the Commander, Chief(s) of
Police