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R-2017-4276 - 3/23/2017 RESOLUTION NO. R-2017-4276 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 ("City") wishes to enter into an Interlocal Cooperation Agreement with Williamson County for access to Texas Law Enforcement Telecommunications System,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 for access to Texas Law Enforcement Telecommunications System, 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 23rd day of March, 2017. 0 P/� ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk 0112.1704;00374241 EXHIBIT „A» INTERLOCAL COOPERATION AGREEMENT THIS INTERLOCAL COOPERATION AGREEMENT is made and entered into effective this 1st day of JanuWy 2017, by and between the WILLIAMSON COUNTY SHERIFF'S OFFICE and ROUND ROCK.POLICE DEPARTMENT (the"Entity"herein),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; WHEREAS, WILLIAMSON COUNTY SHERIFF'S OFFICE, for purposes of performing functions of law enforcement through its Sheriff's Department, has an authorized access terminal providing...access to the Texas Law Enforcement Telecommunications System("TLETS"); WHEREAS, TLETS provides potentially valuable law enforcement-related data from intrastate and interstate sources to assist law enforcement in the investigation of crime; WHEREAS, TLETS is administered by the Texas Department of Public Safety, who in turn grants speck access to.TLETS through specifically defined terminals, one of which is held by WILLIAMSON COUNTY SHERIFF'S OFFICE through its Sheriff s Department; WHEREAS, the Entity desires to access TLETS through the current authorized connection_of the WILLIAMSON COUNTY SHERIFF'S OFFICE to assist the Entity. in the investigation of crime; WHEREAS, the Entity's investigation of crime serves the purpose of providing. police protection and promoting and protecting the health and welfare of local residents; WHEREAS, WILLIAMSON COUNTY SHERIFF'S OFFICE, by its proximity, will benefit from improved criminal investigation by the nearby Entity; and WHEREAS, WILLIAMSON COUNTY SHERIFF'S OFFICE desires to allow the Entity to access TLETS through the WILLIAMSON COUNTY SHERIFF'S.OFFICE authorized connection for criminal justice purposes by the Entity,with the Entity bearing any additional costs related to the . Entity gaining access to TLETS through WILLIAMSON COUNTY SHERIFF'S OFFICE. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained,the undersigned parties agree as follows: I. Terms and Conditions 1. The WILLIAMSON COUNTY SHERIFF'S. OFFICE agrees to allow the Entity to access the WILLIAMSON COUNTY SHERIFF'S OFFICE authorized TLETS connection for criminal justice purposes. 2. The Entity agrees to bear any costs associated with the Entity gaining access to and using the WILLIAMSON COUNTY SHERIFF'S OFFICE TLETS connection. 3. The Entity agrees that the Entity's use of the WILLIAMSON COUNTY 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 Entity will indemnify and hold harmless the WILLIAMSON COUNTY SHERIFF'S OFFICE, 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 Entity, 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 WILLIAMSON COUNTY SHERIFF'S OFFICE , 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 WILLIAMSON COUNTY SHERIFF'S OFFICE and the Entity 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. Dated this day of 2017. Sheriff Robert Chody Williamson County Sheriffs Office Printed Name Signature Mayor,City of.Round Rock Title C.n!?'i� ��,r