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Home My WebLink AboutRes 21-39 authorizing the Town Manager to inter into a local agreement with the City of Roanoke, TX for certain police investigative servicesTOWN OF WESTLAKE RESOLUTION NO.21-39 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING AN INTER -LOCAL AGREEMENT WITH THE CITY OF ROANOKE, TEXAS, FOR CERTAIN POLICE INVESTIGATION SERVICES, AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT WHEREAS, the Town of Westlake, Texas, and the City of Roanoke, Texas, are both governmental entities engaged in the governmental function of providing public health, safety and welfare; and; WHEREAS, the Town Council of the Town of Westlake, Texas ("Town Council") finds thatthe Inter -Local agreement is a benefitto the public; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of the Town of Westlake, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town Council hereby approves the Inter -Local agreement attached as Exhibit "A" and authorizes the Town Manager or designee to sign on behalf of the Town of Westlake, Texas. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Town Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 21-39 Page I oft SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 25T" DAY OF OCTOBER, 2021. ATTEST: Tod Wood, Town Secretary L./Sta- iton FORM: Attorney XPAt,&�6 Laura Wheat, Mayor Amanda DeGan, Town Manager Resolution 2 1 -39 Page 2 o f 2 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE TOWN OF WESTLAKE, TEXAS AND THE CITY OF ROANOKE, TEXAS FOR CERTAIN POLICE INVESTIGATION SERVICES THIS AGREEMENT ("Agreement"), is made and entered into by and between the Town of Westlake, Texas, a general -law municipality ("Westlake") and the City of Roanoke, Texas, a home -rule municipality ("Roanoke'D, (hereinafter collectively referred to as "Parties" or individually as "Party"). WHEREAS, this Agreement is being entered into pursuant to the Interlocal Cooperation Act, Texas Government Code, Section 791.001, et seq. (the "Act"); and WHEREAS, the Parties are all local governments as defined by Section 791.003 (4) of the Act engaged in the provision of governmental functionsand services to their citizens and patrons; and WHEREAS, the Parties desire to put in place a review and investigation process for certain defined reviews and investigations related to activities of the Westlake Town Marshal/School Resource Officer position ("Town Marshal/SRO"), as further defined herein; and WHEREAS, the Parties have current revenues available to satisfy the fees and/or expenses incurred pursuant to this Agreement; and NOW THEREFORE, for mutual consideration hereinafter stated, the Parties agree as follows. I. TERM The term of this Agreement is for a period of twenty-four (24) months beginning on the 25'h day of October, 2021, and ending on the 251h day of October, 2023, and the Agreement shall be renewed automatically for additional two (2) year periods unless cancelled by any Party as provided in Section IV. herein. II. OBLIGATIONS OF THE PARTIES 1. When initiated in writing by Westlake, Roanoke, through its police department, shall conduct reviews, investigations, internal reviews, and reports, relating to the Town Marshal/SRO, including but not limited to, the following areas: citizen's complaints and allegations of misconduct, responses to resistance and use of force, pursuits, and, any other non -criminal reviews as determined by Westlake. The Town Manager or designee shall review all complaints, and at their discretion, determine if the complaint should be reviewed by Roanoke. 2. Roanoke shall also conduct reviews of the Town Marshal/SRO's body -worn camera and in -car video activities, on a schedule to be determined by the parties. III. FEES/PAYMENTS DUE Each Party will bear its own cost of performing under this Agreement. All payments for expenses incurred as a result of the performance of this Agreement shall be made only from current revenues legally available to each respective Party. Any renewal will be subject to the revenues available for that Agreement term. IV. TERMINATION Any Party to this Agreement may, without stating any cause or justification, terminate this Agreement by giving written notice to the other Party at least sixty (60) days in advance of the termination date selected. In such case, Roanoke shall complete any on -going reviews or investigations initiated by the Parties prior to such notice of termination. V. IMMUNITY In the execution of this Agreement, none of the Parties waive, nor shall be deemed hereby to have waived any immunity or any legal or equitable defense otherwise available against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the Parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement does not create any rights in Parties who are not signatories to this Agreement. VI. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between the Parties and supersedes all prior negotiations, representations and/or agreements either written or oral. This Agreement may be amended only by written instrument signed by each Party to this Agreement. VII. NOTICES Unless notified otherwise in writing, all notices are required to be given to all Parties in writing and delivered in person or sent via certified mail to the other Parties at the following respective addresses: To Westlake: Amanda DeGan, Town Manager 1500 Solana Blvd. Bldg. 7, Suite 7200 Westlake, Texas 76262 To Roanoke: Scott Campbell, City Manager 500 S. Oak Street Roanoke, Texas 76262 VIII. AUTHORITY TO SIGN The undersigned officer and/or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto. IX. SEVERABILITY The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of the Agreement. X. VENUE This Agreement and any of its terms or provisions, as well as the rights and duties of the Parties hereto, shall be governed by the laws of the State of Texas. The Parties agree that this Agreement shall be enforceable in Tarrant or Denton County, Texas, and if legal and necessary, exclusive venue shall lie in Tarrant or Denton County, Texas. XI. INTERPRETATION OF AGREEMENT Each Party has had the opportunity to have this Agreement reviewed by an attorney. Should any part of this Agreement be in dispute, the Parties agree that the Agreement shall not be constructed more favorably for any of the Parties. XII. REMEDIES No right or remedy granted herein or reserved to the Parties is exclusive of any right or remedy granted by law or equity; but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the express written consent of the Parties. It is further agreed that one (1) or more instances of forbearance by any Party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof. XIII. SUCCESSORS AND ASSIGNS The Parties each bind themselves, their respective successors, executors, administrators, and assigns to the other Parties to this Agreement. No Party will assign, sublet, subcontract or transfer any interest in this Agreement without the prior written consent of the other Parties. Noassignment, delegation of duties or subcontract under this Agreement will be effective without the written consent of all Parties. IN WITNESS WHEREOF, each of the Parties has executed this Agreement by its authorized representative on the day and year last signed below. TOWN OF WESTLAKE, TEXAS DATE /////loz/ APPROVED AS TO FORM: -N�6 (Z., L. Stanton Lowry, Town Attorney CITY OF ROANOKE, TEXAS DATE 1,2 • ) o�OoZ I AS TO Roanoke City Attomey By: A LgL'0�� A a DeGan, Town anager FI-XV IN WITNESS WHEREOF, each of the Parties has executed this Agreement by its authorized representative on the day and year last signed below. TOWN OF WESTLAKE, TEXAS DATE /1 / Oz/ APPROVED AS TO FORM: --i\4 (L L. Stanton Lowry, Town Attorney CITY OF ROANOKE, TEXAS DATE APPROVED AS TO FORM: Roanoke City Attorney W Ord, v� FA • �, .. • OF W EST �O Scott Campbell, City Manager