R-2014-1236 - 3/27/2014RESOLUTION NO. R-2014-1236
WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local
governments and agencies of the state to enter into agreements with one another to perform
governmental functions and services, and
WHEREAS, the City of Round Rock wishes to enter into an Interlocal Cooperation Agreement
with Williamson County for access to the Texas Law Enforcement Telecommunications System
(TLETS), Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal
Cooperation Agreement with Williamson County, a copy of same being attached hereto as Exhibit "A"
and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 27th day of March, 2014.
ATTEST:
tA9kb'ct—
SARA L. WHITE, City Clerk
01 12.1404; 00294712
ALAN MCGRAW, Mayor
City of Round Rock, Texas
EXHIBIT
INTERLOCAL COOPERATION AGREEMENT
THIS INTERLOCAL COOPERATION AGREEMENT (the "Agreement") is
made and entered into effective this day of , 2014, by and between
WILLIAMSON COUNTY (the "County") and the CITY OF ROUND ROCK (the
"City" herein), both of which are local governments and political subdivisions of the
State of Texas.
WITNESSETH:
WHEREAS, V.T.C.A., Government Code, Chapter 791, the Texas Interlocal
Cooperation Act, provides that any one or more local governmental entities may contract
with each other for the performance of governmental functions and for the joint use of
facilities or services for police protection and for the promotion and protection of the
health and welfare of the inhabitants of this State and the mutual benefit of the parties;
and
WHEREAS, the County, for purposes of performing functions of law
enforcement through its Sheriff's Office, has an authorized access terminal providing
access to the Texas Law Enforcement Telecommunications System ("TLETS"); and
WHEREAS, TLETS provides potentially valuable law enforcement -related data
from intrastate and interstate sources to assist law enforcement in the investigation of
crime; and
WHEREAS, TLETS is administered by the Texas Department of Public Safety,
who in turn grants specific access to TLETS through specifically defined terminals, one
of which is held by the County's Sheriff's Office; and
WHEREAS, the City desires to access TLETS through the County's current
authorized connection to assist the City in the investigation of crime; and
WHEREAS, the City's investigation of crime serves the purpose of providing
police protection and promoting and protecting the health and welfare of local residents;
and
WHEREAS, the County, by its proximity, will benefit from improved criminal
investigation by the nearby City; and
WHEREAS, the County desires to allow the City access to TLETS for criminal
justice purposes through its authorized connection at the Sheriff's Office, with the City
bearing any additional costs related to the City gaining access to TLETS through the
County's access terminal.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
herein contained, the undersigned parties agree as follows:
I.
Terms and Conditions
1. The County agrees to allow the City to access the County's Sheriff's Office
authorized TLETS connection for criminal justice purposes.
2. The City agrees to bear any costs associated with the City gaining access to and
using the County's TLETS connection.
3. The City agrees that the City's use of the County's Sheriff's Office TLETS
connection and information obtained there from shall at all times comply with all
applicable local, state, and federal regulations.
II.
Miscellaneous
1. The parties agree that in the event any provision of this Agreement is held by a
court of competent jurisdiction to be in contradiction of any laws of the State or
the United States, the parties will immediately rectify the offending portions of
this Agreement. The remainder of the Agreement shall be in full force and effect.
2. The City will indemnify and hold harmless the County, its officers, agents,
servants and employees from and against any and all suits, actions, legal
proceedings, claims, demands, damages, costs, expenses, and attorney's fees,
arising out of a willful or negligent act or omission of the City, its officers, agents,
servants and employees under this Agreement; provided, however, that this
indemnity shall not apply to any claims, demands, damages, costs, expenses and
attorneys' fees arising out of this Agreement based upon any willful or negligent
act or omission of the County, its officer, agents, servants and employees.
3. Any financial obligations of the parties under this agreement shall be payable
from current revenues available to the respective paying party.
4. This Agreement constitutes the entire agreement between the parties hereto, and
supersedes all of their oral and written negotiations, agreements and
understandings of every kind. The parties understand, agree and declare that no
promise, warranty, statement or representation of any kind whatsoever, which is
not expressly stated in this Agreement, has been made by any party hereto or its
officers, employees or other agents to induce execution of this Agreement. This
Agreement cannot be modified, or any of the terms hereof waived, except by an
instrument in writing, referring specifically to this Agreement, executed by the
parties.
5. The laws of the State of Texas shall govern the validity, enforcement and
interpretation of this Agreement. The obligations of the parties are performable
and venue for any legal action arising out of this Agreement shall lie in
Williamson County, Texas.
6. This Agreement shall be binding upon and inure to the benefit of the County and
the City and their respective representatives, successors and assigns. Except as
expressly provided herein, nothing in this Agreement is intended to confer on any
person, other than the parties hereto and their respective heirs, personal
representatives, successors and assigns, any rights or remedies under or by reason
of this Agreement.
7. In addition to the acts recited in this Agreement to be performed by any party, the
parties agree to perform, or cause to be performed, any and all such further acts
as may be reasonably necessary to consummate the acts or transactions
contemplated hereby.
8. The effective date of this Agreement shall be the date stated below.
[Signatures appear on the following page.]
EXECUTED on this the day of the month of , 2014.
WILLIAMSON COUNTY
By:
Name:
Title:
Date Signed:
ATTEST:
By:
CITY OF ROUND ROCK, TEXAS
By:
Name:
Title:
Date Signed:
ATTEST:
By:
Sara White, City Clerk
FOR CITY, APPROVED AS TO FORM:
By:
Stephan Sheets, City Attorney
EXECUTED
ORIGINAL
DOCUMENT
FOLLOW
INTERLOCAL COOPERATION AGREEMENT
THIS INTERLOCAL COOPERATION AGREEMENT (the "Agreement") is
made and entered into effective this 2qtiallay of W1G4IerA4 , 2014, by and between
WILLIAMSON COUNTY (the "County") and the CITY OF ROUND ROCK (the
"City" herein), both of which are local govermnents and political subdivisions of the
State of Texas.
WITNESSETH:
WHEREAS, V.T.C.A., Goveriunent Code, Chapter 791, the Texas Interlocal
Cooperation Act, provides that any one or more local governmental entities may contract
with each other for the performance of goverrunental functions and for the joint use of
facilities or services for police protection and for the promotion and protection of the
health and welfare of the inhabitants of this State and the mutual benefit of the parties;
and
WHEREAS, the County, for purposes of performing functions of law
enforcement through its Sheriffs Office, has an authorized access terminal providing
access to the Texas Law Enforcement Telecommunications System ("TLETS"); and
WHEREAS, TLETS provides potentially valuable law enforcement -related data
from intrastate and interstate sources to assist law enforcement in the investigation of
crime; and
WHEREAS, TLETS is administered by the Texas Department of Public Safety,
who in turn grants specific access to TLETS through specifically defined terminals, one
of which is held by the County's Sheriff's Office; and
WHEREAS, the City desires to access TLETS through the County's current
authorized connection to assist the City in the investigation of crime; and
WHEREAS, the City's investigation of crime serves the purpose of providing
police protection and promoting and protecting the health and welfare of local residents;
and
WHEREAS, the County, by its proximity, will benefit from improved criminal
investigation by the nearby City; and
WHEREAS, the County desires to allow the City access to TLETS for criminal
justice purposes through its authorized connection at the Sheriffs Office, with the City
bearing any additional costs related to the City gaining access to TLETS through the
County's access terminal.
R-2014-1236
•
NOW, THEREFORE, in consideration of the mutual covenants and agreements
herein contained, the undersigned parties agree as follows:
I.
Terms and Conditions
1. The County agrees to allow the City to access the County's Sheriff's Office
authorized TLETS connection for criminal justice purposes.
2. The City agrees to bear any costs associated with the City gaining access to and
using the County's TLETS connection.
3. The City agrees that the City's use of the County's Sheriff's Office TLETS
connection and information obtained there from shall at all times comply with all
applicable local, state, and federal regulations.
II.
Miscellaneous
1. The parties agree that in the event any provision of this Agreement is held by a
court of competent jurisdiction to be in contradiction of any laws of the State or
the United States, the parties will immediately rectify the offending portions of
this Agreement. The remainder of the Agreement shall be in full force and effect.
2. The City will indemnify and hold harmless the County, its officers, agents,
servants and employees from and against any and all suits, actions, legal
proceedings, claims, demands, damages, costs, expenses, and attorney's fees,
arising out of a willful or negligent act or omission of the City, its officers, agents,
servants and employees colder this Agreement; provided, however, that this
indemnity shall not apply to any claims, demands, damages, costs, expenses and
attorneys' fees arising out of this Agreement based upon any willful or negligent
act or omission of the County, its officer, agents, servants and employees.
3. Any financial obligations of the parties under this agreement shall be payable
from current revenues available to the respective paying party.
4. This Agreement constitutes the entire agreement between the parties hereto, and
supersedes all of their oral and written negotiations, agreements and
understandings of every kind. The parties understand, agree and declare that no
promise, warranty, statement or representation of any kind whatsoever, which is
not expressly stated in this Agreement, has been made by any party hereto or its
officers, employees or other agents to induce execution of this Agreement. This
Agreement cannot be modified, or any of the terms hereof waived, except by an
instrument in writing, referring specifically to this Agreement, executed by the
parties.
5. The laws of the State of Texas shall govern the validity, enforcement and
interpretation of this Agreement. The obligations of the parties are performable
and venue for any legal action arising out of this Agreement shall lie in
Williamson County, Texas.
6. This Agreement shall be binding upon and inure to the benefit of the County and
the City and their respective representatives, successors and assigns. Except as
expressly provided herein, nothing in this Agreement is intended to confer on any
person, other than the parties hereto and their respective heirs, personal
representatives, successors and assigns, any rights or remedies under or by reason
of this Agreement.
7. In addition to the acts recited in this Agreement to be performed by any party, the
parties agree to perforin, or cause to be performed, any and all such further acts
as may be reasonably necessary to consummate the acts or transactions
contemplated hereby.
8. The effective date of this Agreement shall be the date stated below,
[Signatures appear on the following page.
EXECUTED on this the 'T day of the month of Nt9►,011j , 2014,
WILLIAMSON COUNTY //
By: -P, 4✓,..4
N VApses g. (..J/4-5vi1
T e: S'/i Ostia p1111.1 Lai 1 iC- is Pe S v d (o'. 7.014
Date Signed: 4- / 7. 2 of y
ATTEST:
By: 3QJana). tocats
CITY OF ROUND ROCK, TEXAS
Y/1
Wit ruw
Title: Ma QY'
Date Signed: 3.2.1- • 14 -
By:
Name:
ATTEST:
By:
Sara White, City Clerk
FOR CIT PPR VED S TO FORM:
By:
Stephan
heets, City Attorney