CM-2021-273 - 10/22/2021TVAS AW EHOMmuNG
AMEX
FXTMS10N SERVICE
MEMORANDUM OF UNDERSTANDING
TEEX Contract #45-100662
This Memorandum of Understanding ("MOU") is entered into by and between Round Rock Police
Department ("Customer'), whose address is 2701 North Mays Street, Round Rock, Texas 78665, and
the Texas A&M Engineering Extension Service ('TEEX"), a state agency and a member of The Texas
A&M University System, whose address is 200 Technology Way, College Station, Texas 77845, (each
of the forgoing is individually referred to as "Party" or collectively as "Parties") for the following effort:
STATEMENT OF WORK: Both Parties agree to work cooperatively to establish a facilities use
agreement that meets all mandated Texas Commission on Law Enforcement (TCOLE)
requirements for a training provider.
Il. RESPONSIBILITIES:
A. TEXAS A&M ENGINEERING EXTENSION SERVICE will:
1. Provide Customer access to the TEEX firearms training facilities, emergency vehicle
driving track, prop houses, shoot house and other agency training assets necessary
to meet TCOLE requirements and conduct department sponsored in-service training
based upon scheduled availability.
2. Provide TEEX Range Master training and asset use orientation to Customer
personnel assigned to facilitate training exercises to ensure the safe and efficient
operation of all TEEX training facilities.
3. Provide Customer with specific rules for use of TEEX training facilities.
4. Provide Customer with current TEEX Facilities Law Enforcement Use Price List.
S. Invoice Customer for each facility use.
B. CUSTOMER will:
1. Pay TEEX within 30 days of receipt of each invoice for facility use.
2. Provide properly trained personnel to manage and/or supervise all in-service
activities conducted during prearranged use of TEEX emergency vehicle driving track
and other agency training props required to conduct department sponsored in-
service training.
3. Ensure department sponsored participants using TEEX training facilities adhere to all
agency policies and safety requirements.
Ill. CONTACT INFORMATION
TEEX Contact information
Customer Contact Information
John M. Ray, PhD, Division Director
Alien Banks, Police Chief
,lohn.Ra Qteex.tamu.edu
gankt roundrocktexas.aov
979 945 6677
Miles (Lee) Santo, Training Manager
Lieutenant Sean Johnson, Training Coordinator
Miles.SantoiMteex.tamu.edu
siohnson0roundrocktexas.aov
979 3216190
512 218 6670
TEEX Reservations
Billing Address
ILEPSE(a)teex.tamu.edu
Round Rock Police Department
979 845 6677 1 800 423 8433
Attn: Kacy Malish, Accounts Payable POC
2701 North Mays Street, Round Rock, TX 78665
kmalishftrou ndrocktexas.aav
512 218 5514
TEEX CS-16
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TEEX Contract #46-100662
IV. TERMS OF AGREEMENT: This MOU shall begin as of the date of the last signature, and
terminate August 31, 2025, unless terminated by either Party. Each of the Parties reserves
the right to terminate this MOU for reasonable cause or if a Party has determined the
objective of the project cannot be accomplished. A Party wishing to terminate this MOU must
notify the other party in writing fifteen (15) days in advance. No monetary payment is due
under this MOU.
If this MOU is not signed by all Parties and returned to both Parties within sixty (60) days of
date of the first signature below, then this MOU will be null and void and of no further effect.
V. GOVERNING LAW: The terms and conditions of this MOU and performance hereunder shall
be construed in accordance with the laws of the State of Texas.
VI. EXPORT CONTROLS: TEEX is subject to United States laws and regulations controlling the
export of technical data, computer software, and other commodities, and its obligations
under this MOU are contingent on compliance with applicable laws and regulations. The
transfer of certain technical data and commodities may require a license from the cognizant
agency of the United States Government or written assurances by Customer that Customer
will not export data or commodities to certain countries without advance approval of that
agency. TEEX neither represents that a license will not be required nor that, if required, it will
be issued. Customer shall comply with all applicable export laws and regulations and may not
export or allow the export or re-export of commodities or technical data in violation of those
laws or regulations. If Customer discloses to TEEX any subject technology that is subject to
export control, Customer shall alert TEEX in writing before disclosure, at which time TEEX shall
advise Customer if TEEX desires to take receipt of the export -controlled materials.
VII. EXPORT COMPLIANCE:
Customer certifies that none of its Representatives participating in the facilities use is a
"restricted party' as listed on the Denied Persons List, Entity List, and Unverified List (U.S.
Department of Commerce), the Debarred Parties Lists (U.S. Department of State), the
Specially Designated Nationals and Blocked Persons List (U.S. Department of Treasury), orany
similar governmental lists. However, Customer shall provide TEEX with names and citizenship
information for all of Customer's Representatives participating in the facilities use for
purposes of additional due diligence.
VII. NOTICES: All notices required to be made pursuant to this MOU shall be made at the
addresses set forth above.
VIII. INDEPENDENT CONTRACTOR: TEEX is an independent contractor and shall be free to exercise its
discretion and independent judgment as to the method and means of performance of the Work
provided to the Customer. TEEX employees are not employees of the Customer, and neither TEEX
nor Customer's personnel will, by virtue of this MOU, be entitled or eligible to participate in any
benefits or privileges given or extended by either Party to its employees.
IX. PUBLICITY: Neither Party to this MOU may use the name of the other in news releases, publicity,
advertising, or product promotion without the prior written consent of the other; however, TEEX
may include the Customer's name, project title, and total MOU value in internal and external reports
of awards received. Additionally, Customer acknowledges that TEEX is obligated to strictly comply
with the Public Information Act, Chapter 552, Texas Government Code, in responding to any request
for public information pertaining to this MOU.
TEEX CS-16 OGC APPROVED October 2020
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TEEX Contract #45-100662
X. TERMINATION: Both Parties reserve the right to terminate this MOU for reasonable cause or if it is
determined the objectives of this MOU cannot be accomplished. A Party wishing to terminate this
MOU must notify the other Party in writing thirty (30) days in advance. Termination of this MOU
for any reason, does not relieve either Party of the obligations incurred prior to the termination.
XI. SAVINGS CLAUSE: In the event that any provision of this MOU is held unenforceable for any
reason, the remaining provisions of this MOU shall remain in full force and effect.
XII. AMENDMENTS: No amendment to this MOU shall be valid unless it is made in a writing signed
by the authorized representatives of both Parties.
XIII. FORCE MAJEURE: If either Party fails to fulfill its obligations hereunder (other than an obligation for
the payment of money), when such failure is due to an act of God, or other circumstance beyond
its reasonable control, including but not limited to fire, flood, pandemic, epidemic, quarantine,
national or regional emergencies, governmental order or action, civil commotion, riot, war
(declared and undeclared), revolution, acts of foreign or domestic terrorism, or embargos, whether
or not foreseeable or preventable through the exercise of reasonable diligence, occurs, is
implemented or becomes effective during the term of this agreement and makes it unsafe (or gives
rise to a health risk), impracticable, onerous, uneconomic, or burdensome for either Party to
proceed with or continue the performance of the Services or any part thereof, then said failure shall
be excused for the duration of such event and for such a time thereafter as is reasonable to enable
the Parties to resume performance under this MOU, provided however, that in no event shall such
time extend for period of more than thirty (30) days.
XIV. INTELLECTUAL PROPERTY: Copyright ownership of all models and materials ("work of authorship")
first created solely by TEEX under this MOU (whether created in the performance of this MOU or
pre-existing) shall exclusively vest in TEEX. No rights are granted under such copyrights except as
may be described in this MOU or stated in any materials delivered as part of this MOA.
XV. GENERAL PROVISIONS:
a. TEEX is an agency of the State of Texas and nothing in this MOU waives or relinquishes TEEX's
right to claim any exemptions, privileges, or immunities as may be provided by law.
b. A Party's failure to enforce a provision of this MOU does not waive that that Party's ability to
enforce such provision in any subsequent occurrence.
THE UNDERSIGNED PARTIES BIND THEMSELVES TO THE FAITHFUL PERFORMANCE OF THIS MOU.
Round Rock Police Department:
By:
Name: &0,-I,,(-?�—
Title: k i{�
Date: _) 6 J-2-:2. �2(
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TEEX CS-16
Texas A&M Engineering Extension Service:
By:
Name: Tracy Foster
Title: Associate Agency Director/Chief Financial Officer
Date:
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Agenda Item Summary
Agenda Number:
Title: Consider authorizing MOU to access training facilities at the Texas Engineering
Extension Service's facilities in College Station.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 10/22/2021
Dept Director: Allen !. Banks
Cost:
Indexes:
Attachments: 45-100662 Round Rock PD Facilities Use MOU.pdf
Department: Police Department
Text of Legislative File CM-2021-273
The Police Department primarily uses facilities at the Texas A&M Engineering Extension Service's (TEEX)
College Station location to conduct high-speed driver training. The proposed Memorandum of
Understanding (MOU) is required by TEEX in advance of the Department's use of such facilities. The MOU
covers how the Extension Service provides facilities and requires adherence to rules for their use. The
agreement also requires the Department to pay for such access within 30 days of receiving invoices for that
access, as well as to provide training personnel to supervise all on -site training.
There is no set cost for the services provided under the MOU; any costs are provided out of the
Department's normal training budget.
City of hound Rock Page i of 1