Item 4G - MemoCITY OF
SOUTHLAKE 4G
MEMORANDUM
August 11, 2020
To: Mayor and City Council
From: Ashleigh Casey, Assistant Chief of Police
Subject: Approve an Amendment to the Interlocal Agreement for North Tarrant
Regional (NTR) Special Weapons and Tactics (SWAT) Team between the
cities of Southlake, Keller, Colleyville, Roanoke, and Trophy Club to
include the change of the Keller Police Chief
Action
Requested: The purpose of this item is to seek City Council's approval of an
amendment to the Interlocal Agreement (ILA) for the North Tarrant
Regional (NTR) Special Weapons and Tactics (SWAT) Team, which
includes the change of the Keller Police Chief.
Background
Information: The Interlocal Agreement for the NTR SWAT Team is an agreement
between the cities of Southlake, Keller, Colleyville, Roanoke, and
Trophy Club. The purpose of the Interlocal Agreement is to provide
jurisdiction for a jointly operated and funded SWAT Team for the above -
listed cities when this type of service is necessary.
The City of Keller recently appointed a new Police Chief, Brad Fortune,
in the spring of 2020. The amendment to the existing Interlocal
Agreement for the NTR SWAT Team reflects this change to that of the
new Keller Police Chief. No other changes are proposed at this time.
Financial
Considerations: There are no direct financial impacts or changes as a result of this
amendment to the existing Interlocal Agreement.
Strategic Link: C1 - Achieve the highest standards of safety & security.
Citizen Input/
Board Review: N/A
Legal Review: The amendment was reviewed by the City Attorney's Office.
Supporting
Documents: North Tarrant Regional SWAT Interlocal Agreement
Staff
Recommendation: Staff recommends approval of the amendment to the ILR for NTR
SWAT as proposed.
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 maybe 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:
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 Desi ngnation. 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 cannot 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 t he 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 possess 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)
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:
Brad Fortune, Chief of Police
330 Rufe Snow
Keller, Texas 76248
City of Colleyville:
Michael Miller, 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:
Jeriahme Miller, 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.
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
p ersonnel
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