CM-2017-1483 - 10/2/2017PENDING FINAL SIGNATURE
FROM OTHER PARTY
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THE STATE OF TEXAS
MASTER AGREEMENT FOR EXTRA -DUTY EMPLOYMENT
COUNTY OF WILLIAMSON )
For and in consideration of the permission given by the County of Williamson (hereinafter the
COUNTY) for . (hereinafter called COMPANY), to employ In
a private capacity employees of the Williamson County Sheriffs Office (hereinafter EMPLOYEES),
while said EMPLOYEES are not on duty with and for the COUNTY, it Is hereby agreed as follows:
It is mutually agreed that while the EMPLOYEES are working for the COMPANY, the
EMPLOYEES' primary responsibility is the enforcement of Federal and State laws and
County Ordinances to protect life and property and to keep the peace. The EMPLOYEES
are not allowed to enforce COMPANY policies or rules. While working for the COMPANY,
the EMPLOYEES are subject to the rules and regulations of the Williamson County
Sheriffs Department as if they were performing on -duty police services. It Is understood
that while working In the private capacity of the COMPANY, said EMPLOYEES are not
acting as employees of the COUNTY.
2. The COMPANY, binding its heirs, administrators, executors, estate, successors, and
assigns, hereby agrees to indemnify, protect, defend, and hold harmless the COUNTY
from any and all damages, including without limitation: Interest, court costs, attorney's
fees, and other expenses which it may incur or become liable for as the result of any
claim, demand, obligation, liability, suit, or cause of action arising in whole or part from
the work of said EMPLOYEES for the COMPANY, whether or not such claim, demand, or
suit be frivolous, and whether or not it be made or brought by the company of third
person. This language Is not intended to mean that the COMPANY would indemnify or
hold the COUNTY harmless for actions taken by an off-duty deputy in furtherance of
his/her official duties In a law enforcement or peace officer capacity.
3. it Is understood by the COMPANY that the COUNTY shall retain the right to withdraw at
any time its permission for its EMPLOYEES/deputies to work in a private capacity. If the
permission of the COUNTY is withdrawn, the COMPANY agrees to terminate its
employment relationships with said EMPLOYEES. The COMPANY, as part of this
agreement, binds itself to release and hold harmless the COUNTY from any liability or
claim for damages In the event such permission Is withdrawn by the COUNTY.
4. Prior to the beginning of EMPLOYEE'S employment with the COMPANY, the COMPANY
shall obtain a comprehensive general liability insurance policy from a company authorized
to do business In the State of Texas with minimum amounts of Ten Thousand Dollars
($10,000) per occurrence for property damage, One Hundred Thousand Dollars ($100,000)
per person, and Three Hundred Thousand Dollars ($300,000) per occurrence for personal
injury.
5. This contract shall remain In effect for a period of one (1) year from the date of the last
signature hereon.
Employee Date Employer or Authorized Agent Date
Sheriff or Designee for Williamson County Date
Revised 1-20-17
STATE OF TEXAS § STANDARD AGREEMENT WITH
§ LOCAL GOVERNMENTAL ENTITY
§ REGARDING OFF-DUTY
§ CONTRACTING OF COUNTY
COUNTY OF WILLIAMSON § SHERIFF DEPUTIES
This interlocal agreement (hereinafter, the "AGREEMENT") is entered into by
and between the local governmental entity set forth on the signature page below
(hereinafter, "LGE") in the State of Texas, and Williamson County, Texas (hereinafter,
"COUNTY") a political subdivision of the State of Texas, and the Williamson County
SHERIFF's Office set forth on the signature page below (hereinafter, "SHERIFF'S
OFFICE").
For and in consideration of the permission given by COUNTY for the LGE to contract in
a private capacity DEPUTIES of the SHERIFF'S OFFICE (hereinafter "DEPUTIES"),
while DEPUTIES are not on duty with and for the COUNTY, it is hereby agreed as
follows:
1. It is mutually agreed that while the DEPUTIES are working for the LGE, the
DEPUTIES' primary responsibility is the enforcement of Federal and State laws
and COUNTY Ordinances or Regulations to protect life and property and to keep
the peace. DEPUTIES are at all times subject to the rules and policies of the
SHERIFF'S OFFICE. LGE expressly acknowledges and agrees that such
DEPUTIES are at all tinnes independent contractors of LGE when contracted by
the LGE.
2. It is understood by the LGE that the COUNTY shall retain the right to withdraw at
any time its permission for the DEPUTIES to work in a private capacity. If the
permission of the COUNTY is withdrawn, the LGE agrees to terminate its
contractor relationships with DEPUTIES. The LGE, as part of this
AGREEMENT, binds itself to release and hold harmless the COUNTY from any
liability or claim for damages in the event such permission is withdrawn by the
COUNTY.
3. Prior to the beginning of DEPUTIES employment with the LGE, the LGE shall
obtain a comprehensive general liability insurance policy from a company
authorized to do business in the State of Texas with minimum amounts of Ten
Thousand Dollars ($10,000) per occurrence for property damage, One Hundred
Thousand Dollars ($100,000) per person, and Three Hundred Thousand Dollars
($300,000) per occurrence for personal injury. COUNTY SHALL BE NAMED AS
AN ADDITIONAL INSURED UNDER THIS COVERAGE.
4. The term of this AGREEMENT shall begin on the f ,CN We ►L.
201-4 and shall terminate on September 30, 2018, and will have two additional
one (1) year automatic renewals. The AGREEMENT will automatically renew on
October 1, 2018, and October 1, 2019. It must be revisited with proper approvals
from the applicable governing bodies and elected official(s) for FY2021.
5. State law requires that law enforcement personnel conducting "off-duty" work
must be both "full time" and "entitled" to fringe benefits. Tex. Occup. Code Sec.
1702.322(A) & (13)(i). Thus, part-time deputies and "reserve" officers may not
conduct "off-duty" work.
6. The COUNTY agrees that each of the DEPUTIES will be properly insured with
automobile liability insurance while operating the patrol vehicle in accordance
with Section 612.005(b) of the Texas Government Code, and any other applicable
laws.
7. COUNTY agrees to invoice LGE for the reimbursement amounts for DEPUTIES'
vehicle usage at the rate of $8.00 per hour per vehicle (to cover LGE's fair share
of costs for fuel, maintenance, and yearly premiums on automobile insurance).
The LGE acknowledges that the above described reimbursement rate will not
totally cover the entire costs incurred by COUNTY for the fully equipped patrol
vehicle that is being utilized by such DEPUTIES in the LGE's Area; provided,
however, COUNTY deems such unrecovered costs for the fully equipped patrol
vehicle to be of a public benefit to the citizens of Williamson County.
8. LGE agrees to log and maintain all times that vehicles are allotted to off-duty
work, whether actually used or parked, for each vehicle used by DEPUTIES on a
monthly basis. LGE shall provide such vehicle time records to COUNTY and
SHERIFF'S OFFICE no later than the end of each quarter (end of month for each
of the following: March, June, September, and December). COUNTY will
invoice based on the total usage and rate, as set forth in Paragraph 7, and LGE will
pay such invoice pursuant Chapter 2251 of the Texas Government Code ("Texas
Prompt Payment Act"). Reporting must be submitted to:
SHERIFF'S OFFICE: At the address set forth on the signature page below.
COUNTY: Williamson County Auditor's Office
Attn: Finance Director
710 Main Street, Suite 301
Georgetown, Texas 78626
9. LGE agrees that it shall pay deputies directly and file 1099 forms with the Internal
Revenue Service.
10. Each party to this AGREEMENT, in the performance of this AGREEMENT, shall
act in an individual capacity and not as agents, employees, partners, joint ventures
or associates of one another.
2
11. Nothing in this AGREEMENT shall be deemed to waive, modify or amend any
legal defense available at law or in equity to COUNTY, its past or present officers,
employees, or agents, nor to create any legal rights or claim on behalf of any third
party. COUNTY does not waive, modify, or alter to any extent whatsoever the
availability of the defense of governmental immunity under the laws of the State
of Texas and of the United States.
LGE:
Name of LGE: t ,h�� 0LAw4 K2 ,�r
Signature:
Printed Name:��
Title: ell41jer
Date: /r? — D d , 20 / ',-
WILLIAMSON COUNTY SHERIFF'S OFFICE:
Williamson County Sheriff
Printed Name of Official:
Signature of Official:
Date: , 20
Address of Office:
WILLIAMSON COUNTY COMMISSIONERS COURT:
By:
Dan A. Gattis,
Williamson County Judge &
Presiding Officer, Williamson County Commissioners Court
710 Main Street, Suite 105
Georgetown, Texas 78626
City of Round Rock
f RO ASO ROCK Agenda Item Summary
Agenda Number:
Title: Consider authorizing a Master Agreement for Extra -Duty Employment of
Williamson County Deputies at required City events.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 9/29/2017
Dept Director: Rick Atkins, Director
cost: $800.00
Indexes: General Fund
Attachments: CMAF, Williamson County Master Agreement for Extra Duty Officers
2018.pdf, Contract Williamson County Shrf.pdf, Backup Williamson County
Shrf - Copy.pdf
Department: Parks and Recreation Department
Text of Legislative File CM -2017-1483
Consider authorizing a Master Agreement for Extra -Duty Employment of Williamson
County Deputies at required City events.
Request for approval allowing Williamson County Sheriffs Department to assist with the
Outlaw Trail Cycling Tour in the capacity of traffic control on county roads outside the city
limits of Round Rock.
This contract will be valid for 2017 and 2018 Outlaw Trail events.
The Outlaw Trail Cycling Tour utilizes county roads in Williamson County. Due to the high
volume of traffic and cyclists that cross major intersections in the county, the assistance of
Williamson County Sheriffs Department is crucial.
This will be the 31 st annual Outlaw Trail Cycling Tour and an anticipated 750+ riders are
expected to attend.
Cost: $800.00
Source of Funds: General Fund
City of Round Rock Page 1 Printed on 8/27/2017