Contract - Williamson County Sheriff's Office - 9/13/2018 INTERLOCAL AGREEMENT BETWEEN
THE CITY OF ROUND ROCK, TEXAS AND WILLIAMSON COUNTY
FOR LAW ENFORCEMENT PERSONNEL
FOR THE OUTLAW TRAIL CYCLING EVENT
This Interlocal Agreement (hereinafter referred to as the "Agreement") is entered into by
and between the undersigned Local Governments of the State of Texas, namely the City of
Round Rock, Texas, and Williamson County, Texas (hereinafter referred to as the "Local
Governments"), acting by and through their respective authorized signatories pursuant to and
under authority of the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code.
The undersigned Local Governments may be referred to in this Agreement individually as a
"Party" and collectively as the"Parties."
RECITALS:
WHEREAS, this Agreement is authorized by Chapter 791 of the Texas Government
Code; and
WHEREAS, the Parties are local governments as that term is defined in Section 791.011
of the Texas Local Government Code; and
WHEREAS, the Parties find that this Agreement is necessary for the benefit of the
public; that each Party has the legal authority to perform and to provide the governmental
function or service which is the subject matter of this Agreement; that any division of cost fairly
compensates the performing Party for services performed under this Agreement; and the
performance of this Agreement is in the common interest of both Parties; and
WHEREAS, the Parties desire to enter an Agreement for the Williamson County
Sheriff's Office to provide extra-duty employment for the City of Round Rock's Outlaw Trail
Cycling Event; and
WHEREAS, the Parties, acting by and through their respective signature authorities, do
hereby adopt and find the foregoing premises as findings of said governing bodies;
NOW THEREFORE, in consideration of the mutual promises, inducements, covenants,
agreements, conditions and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties agree as follows:
ARTICLE I
PURPOSE
The purpose of this Agreement is for the Williamson County Sheriff's Office to provide
law enforcement personnel to provide traffic control for the City of Round Rock's Outlaw Trail
Cycling Event on October 13, 2018 as set forth in Exhibit"A"to this Interlocal Agreement.
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ARTICLE II
CONTRACT DOCUMENTS
This Interlocal Agreement, along with the "Williamson County Sheriffs Office
Employers Request for Secondary Employment of Law Enforcement Services" (Exhibit "A")
and the "Master Agreement for Extra-Duty Employment" (Exhibit "B"), both exhibits
incorporated herein by reference for all purposes, shall collectively form the contract documents.
ARTICLE III
TERM
The term of this Agreement shall commence on the date on which all Parties hereto have
executed this Agreement ("Effective Date"). This Agreement terminate upon successful
completion of services.
ARTICLE IV
CURRENT REVENUE
The City of Round Rock hereby warrant that all payments to Williamson County shall be
paid from current revenues available as required by the Interlocal Cooperation Act.
ARTICLE VII
GENERAL PROVISIONS
A. Approval by Governing Bodies. This Agreement has been approved by the governing
bodies of the Parties.
B. Tax Exempt. The County and the City are bodies corporate and politic under the laws of
the State of Texas and claim exemption from sales and use taxes under Texas Tax Code
Ann. § 151.309, as amended, and the services subject hereof are being secured for use by
County. Exemption certificates will be provided upon request.
C. Severability. If any provision of this Agreement shall be held invalid or unenforceable
by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof, but rather this entire Agreement will be
construed as if not containing the particular invalid or unenforceable provision or
provisions, and the rights and obligation of the Parties shall be construed and enforced in
accordance therewith. The Parties acknowledge that if any provision of this Agreement
is determined to be invalid or unenforceable, it is the desire and intention of each that
such provision be reformed and construed in such a manner that it will, to the maximum
extent practicable, give effect to the intent of this Agreement and be deemed to be
validated and enforceable.
D. Notices. Any notice to be given hereunder shall be in writing and may be affected by
personal delivery, in writing or by registered or certified mail, return receipt requested,
addressed to the proper Party, at the following address:
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City: City of Round Rock
City Manager
221 E Main Street
Round Rock, TX. 78664
With Copy to: Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, TX 78664
County: Williamson County Judge
710 Main Street, Suite 101
Georgetown, Texas 78626
With Copy to: Williamson County Sheriff's Office
508 South Rock Street
Georgetown, Texas 78626
E. Venue and Governing Law. Each Party to this Agreement hereby agrees and
acknowledges that venue and jurisdiction of any suit, right, or cause of action arising out
of or in connection with this Agreement shall lie exclusively in Williamson County,
Texas. This Agreement shall be governed by and construed in accordance with the laws
of the State of Texas.
F. Dispute Resolution. The Parties to this Agreement will work together in good faith to
resolve any controversy, dispute or claim between the Parties which arises out of or
relates to this Agreement whether stated in tort, contract, statute, claim for benefits, bad
faith, professional liability or otherwise ("Claim"). If the Parties are unable to resolve the
Claim within thirty(30) days following the date in which one Party sent written notice of
the Claim to the other Party, and if a Party wishes to pursue the Claim, such Claim shall
be addressed through non-binding mediation under the Commercial Mediation Rules of
the American Arbitration Association ("AAA"). A single mediator engaged in the
practice of law, who is knowledgeable about subject matter of this Agreement, will
conduct the mediation under the then current rules of the AAA. Any mediation under this
Agreement shall be conducted in Williamson County, Texas. All costs involved in the
mediation shall be borne equally between the Parties, except that each Party shall bear its
own attorneys' fees. Nothing herein is intended to prevent either Party from seeking any
other remedy available at law including seeking redress in a court of competent
jurisdiction. This provision shall survive the termination of this Agreement.
G. No Third Party Beneficiaries. This Agreement is for the sole and exclusive benefit of the
Parties hereto, and nothing in this Agreement, express or implied, is intended to confer or
shall be construed as conferring upon any other person any rights, remedies or any other
type or types of benefits.
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H. Relationship of the Parties. 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. The employees or agents of one Party shall
not be deemed or construed to be the employees or agents of the other Party for any
purposes whatsoever.
I. No Agency Relationship: It is understood and agreed that County shall not in any sense
be considered a partner or joint venture with the City, nor shall any of the Parties in any
manner hold themselves out as an agent or official representative of the County.
J. Entire Agreement. This Agreement represents the entire and integrated agreement
between the Parties and supersedes all prior negotiations, representations, or agreements,
either oral or written. This Agreement may be amended only by written instrument
signed by each Party to this Agreement.
EXECUTED TO BE EFFECTIVE this `31 day ofRP66F.-
2, 2018.
WILLIAMSON COUNTY, TEXAS CITY OF RO D ROCK, TEXAS
By: By:
County Judge Craivm� V
orga
Title: Williamson County Judge Title: Mayor
Date: 9. "
Date:
For City, Attest:
By: &W.
Sara White, City Cleric
For City, p roved as to Fo n:
By: )
Step n L. Sheets, City Attorney
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EXHIBIT "A"
Off: ROBERT CHODY
WILLIAMSON COUNTY SHERIFF
508 South Rock Street WILLIAMSON COUNTY SHERIFF'S OFFICE
Georgetown,Texas 78636
Phone(513)943-1300•(512)943-1393 Employes Request.for Secondary Employment of Law Enforcemew Services
NAME OF BUSINESSIVENDOR: City of Round Rock
Today's Date: —?ugus in 2niR
TYPE OF BUSINESS: ® Traffic Control ❑ Security ❑ Other:
ADDRESS: 221 East Main, Round Rock 78664 PHONE: 512-218-5540 FAX: 512-218-5548
PERSON TO WHOM OFFICER WILL REPORT: Jenene Jeffries-Uhri PHONE: 512-801-2616
NAME OF OWNER: EMPLOYEE ID#OR SS#:
ADDRESS: PHONE: FAX:
EXTRA DUTY EMPLOYMENT: ® Law Enforcement ❑ Non Law Enforcement
JOB CLASSIFICATION: ❑X Temporary (Less than 30 days) ❑ Permanent(More than 30 days)
TEMPORARY EMPLOYMENT: Start Date:10/13/18End Date10/13/18 Start time:7:45amEnd Timel2:30pm
DESCRIPTION OF DUTIES AND LOCATION: Duties: Traffic Control CR 1Rflqrl� 110; Hwy 29 & 110/120
110/Univ rsi y; Hwy 29 & C R 1 660112E
NUMBER OF DEPUTIES AND VEHICLES NEEDED: Deputies: 4 Vehicles: 4 ® Uniform ❑ Plain
COMMENTS: Outlaw Trail_Cyncling Event
COORDINATOR Cath Martel
EXHIBIT "A"
DEPUTY'S RESPONSIBILITES: A commissioned Williamson County Sheriff's Deputy's primary responsibility while working in a secondary
employment capacity as a peace officer, in uniform or plain clothes, is the enforcement of Federal and State laws and County Ordinances, to
protect life and property and to keep the peace. DEPUTIES ARE PROHIBITED FROM ENFORCING HOUSE RULES. House rules are defined
as rules that are not specifically authorized by state or federal law, and typically rules of the outside employment employer. Deputies follow all
Williamson County Sheriff's Office Policies and Procedures.
Deputies engaged as Peace Officers in a secondary employment status will not refuse to assist any citizen requesting or needing
assistance. Deputies are expected to take necessary action in an attempt to assist citizens in need of help by calling on-duty deputies,taking
reports; effecting arrests; or providing any other services related with the duties of a peace officer.
EMPLOYERS RESPONSIBLITIES: The employer agrees to hold harmless Williamson County Sheriff's Office(WCSO)and all WCSO personnel
from losses of any kind caused while at the site of the off-duty employment. All Traffic Control jobs must be inspected by WCSO and approved for
safety devices and placement before deputies are allowed to work. Jobs that are approved will be charged a three hour minimum for each deputy
scheduled and cancelled without 24 hours notice.
REVOCATION OF SECONDARY EMPLOYMENT APPLICATION/PERMIT: The Sheriff's designee will not approve any permit or application by
a prospective employer that does not meet the requirements of any WCSO Policies and Procedures.
REASONS FOR REVOCATION: This list is for example purposes only, and is not intended to be exclusive of other reasons not contained
therein:
1. A conflict of interest develops between the County and the outside employer.
2. Non payment of employees.
3. Employer is arrested.
4. The employer is under investigation by the District, County Attorneys Office, or any Law Enforcement Agency for violations of law.
5. The employer refuses to cooperate with an investigation related to the extra employment job.
6. The job becomes controversial, such as labor disputes or civil disputes.
7. The Sheriff, acting personally or through a designee, reserves the right to deny any application or job.
PAY RATES: $50.00 per hour with a 3-hour minimum, vehicle rate is$12.00 per hour. Total Charged Per Hour=$62.00
LESS THAN 24 HOURS NOTICE COUNTY HOLIDAYS OR SPECIALIZED PERSONNEL MAY REQUIRE A HIGHER RATE.
THE WILLIAMSON COUNTY SHERIFF'S OFFICE RESERVES THE RIGHT TO DECLINE ANY REQUEST FOR SECONDARY EMPLOYMENT
EMPLOYERS' ACKNOWLEDGEMENT OF INFORMATION PROVIDED
Z�? / Jenene Jeffries-Uhrig August 10, 2018
v
Si ature of Prcective Employer or Authorized Agent Print Name Date
APPLICATION INFORMATION (OFFICE OF OUTSIDE EMPLOYMENT USE ONLY)
Approved ❑ Denied ❑
Sheriff/Designee Signature
Printed Name Emp.# Date
ADDITIONAL COMMENTS
EXHIBIT "B"
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 City of Rntind Rnrk . (hereinafter called COMPANY),to employ in
a private capacity employees of the Williamson County Sheriff's Office(hereinafter EMPLOYEES),
while said EMPLOYEES are not on-duty with and for the COUNTY, it is hereby agreed as follows:
1. 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 Sheriff's
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