R-2026-076 - 4/9/2026 RESOLUTION NO. R-2026-076
WHEREAS, the City of Round Rock("City") desires to retain professional consulting services
related to advertising; and
WHEREAS, Community Impact has submitted an Agreement for Professional Consulting
Services to provide said services; and
WHEREAS,the City Council desires to enter into said agreement with Community Impact,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 Agreement
Between the City of Round Rock and Community Impact for the Purchase of Professional Advertising
Services, 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 9th day of April, 2026.
,4 /o
C G M GAN, Mayor
Cit of Roifid Rock,Texas
ATT ST:
FRANKLIN, City Clerk
0112.20262
EXHIBIT
A
AGREEMENT BETWEEN THE CITY OF ROUND ROCK
AND COMMUNITY IMPACT
FOR THE PURCHASE OF
PROFESSIONAL ADVERTISING SERVICES
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
This Agreement for the purchase of advertising professional consulting services is made
and entered into on this the day of , 2026, by and between the CITY OF
ROUND ROCK, TEXAS, a home-rule municipality whose offices are located at 221 East Main
Street, Round Rock,Texas 78664,referred to herein as the"City,"and COMMUNITY IMPACT,
whose offices are located at 16225 Impact Way, Suite #l, Pflugerville, Texas 78660 referred to
herein as "Vendor."
RECITALS:
WHEREAS, City desires to purchase professional consulting services related to
advertising("Goods and/or Services"); and
WHEREAS, the Vendor has provided its Proposal to the City to provide the requested
Goods and/or Services;and
WHEREAS,City has determined the Vendor's Proposal is in the best interest of the City;
and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights,duties,and obligations;
NOW,THEREFORE,
in consideration of the mutual promises contained herein and other good and valuable
consideration,the receipt and sufficiency of which are hereby acknowledged,the parties mutually
agree as follows:
Community Impact Agreement 0l 28 26
1.0 DEFINITIONS
A. Agreement means this binding legal contract between City and Vendor whereby
City is authorized to buy specified services and Vendor is obligated to sell same. The Agreement
includes the following: (a) Vendor's Proposal; and (b) any exhibits and/or addenda thereto. Any
inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the
following order:
(1) This Agreement;
(2) Vendor's Proposal;
(3) Any addenda, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date set out in the introductory paragraph above.
D. Goods and Services mean the specified services,supplies,materials,commodities,
or equipment,as described in the Proposal.
E. Vendor means Community Impact, or any successors or assigns.
2.0 EFFECTIVE DATE AND TERM
A. This Agreement shall remain in full force and effect until it expires as indicated
herein or is terminated in accordance with Section 16.0.
B. The term of this Agreement shall be for sixty (60) months from the Effective Date.
3.0 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor to supply the Goods and Services as outlined in the Proposal; any
Addenda as contained in Exhibit "A," incorporated herein by reference for all purposes. The
intent of these documents is to formulate an Agreement listing the responsibilities of both parties
as outlined in the Proposal and any Addenda.
The Goods and Services which are the subject matter of this Agreement are described in
Exhibit"A"and,together with this Agreement,comprise the total Agreement and Exhibit A is a
part of this Agreement as if repeated herein in full.
4.0 SCOPE OF WORK
Vendor shall satisfactorily provide all Goods and Services described in Exhibit "A,"
attached hereto, within the contract term specified in Section 2.0. Vendor's undertakings shall be
limited to Goods and Services for City and/or advising City concerning those matters on which
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Vendor has been specifically engaged.Vendor shall provide its Goods and Services in accordance
with this Agreement and Exhibit A and with due care, and in accordance with prevailing industry
standards for comparable Goods and Services.
5.0 COSTS
A. In consideration for the Goods and Services to be provided by Vendor, City agrees
to pay Vendor the amounts set forth in Exhibit"A."
B. The City is authorized to pay the Vendor an amount not-to-exceed $375,000.00,
for the term of this Agreement.
6.0 INVOICES
All invoices shall include, at a minimum,the following information:
1. Name and address of Vendor;
2. Purchase Order Number.
3. Description and quantity of items received: and
4. Delivery dates.
7.0 NON-APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement if the governing body of City
does not appropriate funds sufficient to purchase the Goods and Services as determined by City's
budget for the fiscal year in question. City may affect such termination by giving the Vendor
written notice of tennination.
8.0 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by City to Vendor will be made within thirty (30) days of the date City receives Goods and
Services under this Agreement,the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the Goods and Services, whichever is
later. Vendor may charge interest on an overdue payment at the rate in effect on September 1 of
the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A.. Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments
made by City in the event:
1. There is a bona fide dispute between City and Vendor, a contractor, subcontractor,
or supplier about the goods delivered or the service performed that cause the
payment to be late; or
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2. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
3. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
4. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
9.0 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without liability to Vendor
if it is determined by City that gratuities or bribes in the form of entertainment,gifts,or otherwise
were offered or given by Vendor or its agents or representatives to any City officer, employee or
elected representative with respect to the performance of this Agreement. In addition,Vendor may
be subject to penalties stated in Title 8 of the Texas Penal Code.
10.0 TAXES
City is exempt from Federal Excise and State Sales Tax;therefore,tax shall not be included
in Vendor's charges.
11.0 INSURANCE
Vendor shall meet all City insurance requirements set forth in the 11713 and on the City's
website at:
https://www.roundrocktexas.,Pov/wp-content/ut)loads/2024/12/CORR-I nsurance-08-2024.0
12.0 CITY'S REPRESENTATIVE
City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
Todd Worlock, Manager- Marketing
Parks and Recreation Department
Round Rock, TX 78664
(512)671-2704
tworlock(i rOUndrocktexas.gov
13.0 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
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affect the validity or enforceability of any other portion or provision of this Agreement. Any void
provision shall be deemed severed from this Agreement, and the balance of this Agreement shall
be construed and enforced as if this Agreement did not contain the particular portion or provision
held to be void.The parties further agree to amend this Agreement to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken provision. The
provisions of this section shall not prevent this entire Agreement from being void should a provision
which is of the essence of this Agreement be determined void.
24.0 MISCELLANEOUS PROVISIONS
A. Standard of Care. Vendor represents that it employs trained, experienced, and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities, and duties shall be performed in a manner according to
generally accepted industry practices.
B. Time is of the Essence. The parties agree that, from time to time, certain unique
transactions may have special requirements relative to timing and, accordingly, the parties will
identify those transactions and exercise best efforts to accomplish those transactions within the
stated timeframe. Other timing requirements will be met in a commercially reasonable manner.
Where damage is caused to City due to Vendor's failure to perform in the special timing
requirement circumstances,City may pursue any remedy available without waiver of any of City's
additional legal rights or remedies.
C. Binding Agreement. This Agreement shall extend to and be binding upon and
inure to the benefit of the parties' respective heirs, executors, administrators, successors and
assigns.
D. Multiple Counterparts. This Agreement may be executed in multiple
counterparts, any one of which shall be considered an original of this document; and all of which,
when taken together, shall constitute one and the same instrument.
[Signatures on the following page.]
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reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
14.0 DEFAULT
If Vendor abandons or defaults under this Agreement, Vendor shall be declared in default
of this Agreement if it does any of the following and fails to cure the issue within thirty (30)days
of receipt of written notice:
1. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
2. Becomes insolvent or seeks relief under the bankruptcy laws of the United States
and is unable to perform its material obligations under the Agreement.
15.0 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for convenience
and without cause,at any time upon written notice to Vendor,the "Date of Termination."
B. In the event of any default by Vendor,City has the right to terminate this Agreement
for cause, upon ten(10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause, that being in the
event of a material and substantial breach by City,or by mutual agreement to terminate evidenced
in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30)days after the Date of Termination,Vendor shall
submit a statement showing in detail the goods and/or services satisfactorily performed under this
Agreement up to the date of termination. City shall then pay Vendor that portion of the charges, if
undisputed. The parties agree that Vendor is not entitled to compensation for services it would
have performed under the remaining term of the Agreement except as provided herein.
16.0 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns,officers,employees and elected officials harmless from and against all suits,actions, legal
proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other
costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor, or
Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations under
this Agreement,no matter how,or to whom,such loss may occur. Nothing herein shall be deemed
5
to limit the rights of City or Vendor(including, but not limited to the right to seek contribution)
against any third party who may be liable for an indemnified claim.
17.0 COMPLIANCE WITH LAWS, CHARTER, AND ORDINANCES
A. Vendor, its agents, employees and subcontractors shall use best efforts to comply
with all applicable federal and state laws,the Charter and Ordinances of the City of Round Rock,
as amended,and with all applicable rules and regulations promulgated by local,state and national
boards, bureaus and agencies.
B. In accordance with Chapter 2271,Texas Government Code, a governmental entity
may not enter into a contract with a company for goods or services unless the contract contains
written verification from the company that it: (1)does not boycott Israel; and (2) will not boycott
Israel and will not boycott Israel during the term of this contract. The signatory executing this
Agreement on behalf of Vendor verifies Vendor does not boycott Israel and will not boycott Israel
during the term of this Agreement.
C. In accordance with Chapter 2274, Texas Government Code, a governmental entity
may not enter into a contract with a company with at least ten(10)full-time employees for a value
of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a
provision verifying that it: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade association. The signatory
executing this Agreement on behalf of Vendor verifies Vendor does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association, and
it will not discriminate during the term of this Agreement against a firearm entity or firearm trade
association.
D. In accordance with Chapter 2274, Texas Government Code, a governmental entity
may not enter into a contract with a company with at least ten(10) full-time employees for a value
of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a
provision verifying that it: (1)does not boycott energy companies;and(2) will not boycott energy
companies during the term of this Agreement. The signatory executing this Agreement on behalf
of Vendor verifies Vendor does not boycott energy companies, and it will not boycott energy
companies during the term of this Agreement.
18.0 ASSIGNMENT AND DELEGATION
The parties hereby bind themselves, their successors, assigns and legal representatives to
each other with respect to the terms of this Agreement.Neither party shall assign,sublet or transfer
any interest in this Agreement without prior written authorization of the other party.
19.0 NOTICES
A. All notices and other communications in connection with this Agreement shall be
in writing and shall be considered given as follows:
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I. When delivered personally to recipient's physical or email address as stated in this
Agreement, or
2. Three(3)days after being deposited in the United States mail,with postage prepaid
to the recipient's address as stated in this Agreement.
Notice to Vendor:
Vendor: Community Impact
Address: 16225 Impact Way
Suite #1
Pflugerville. Texas 78660
Email: abn•ant ircommunitvimpact.com
Notice to City:
City Manager Stephanie L. Sandre.City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock, TX 78664 Round Rock,TX 78664
B. Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
20.0 APPLICABLE LAW, ENFORCEMENT, AND VENUE
This Agreement shall be enforceable in Round Rock,Texas,and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for same shall lie in Williamson County,Texas. This Agreement shall be governed
by and construed in accordance with the laws and court decisions of the State of Texas.
21.0 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City.This Agreement may only be amended or supplemented by mutual agreement of
the parties hereto in writing.
22.0 DISPUTE RESOLUTION
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement,or a breach thereof shall be decided by any arbitration
proceeding,including without limitation,any proceeding under the Federal Arbitration Act(9 USC
Section 1-14)or any applicable state arbitration statute.
23.0 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no way
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IN WITNESS WHEREOF,City and Vendor have executed this Agreement on the dates
indicated.
Community Impact
By:
Printed Name:
Title:
Date Signed: _- a—
City of Round Rock,Texas
By:
Printed Name:
Title:
Date Signed:
For City,Attest:
By:
Ann Franklin. City Clerk
For City,Approved as to Form:
By: ---------------------
Stephanie L. Sandre,City Attorney
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EXIlMrr d'A"
(PROPOSAL)
10
16225 Impact Way
CQMMUNITY Pflugerville, TX 78660
IMPACT Office: (512)989-6808
Fax: (512)989-6809
www.communityimpact.com
ADVERTISING ORDER FORM
2026-2030
Company Information
Business Name: City of Round Rock Contact Name: Todd Worlock
Contact Email: tworlock@roundrocktexas.gov Contact Phone: (512) 671-2704
Mailing Address: 301 W. Bagdad Ave., Ste. 250 City, State, ZIP: Round Rock, TX 78664
Order: Insert
Market Month Year Size Section Rate"
Subject to change
Round March 2026 TBD (est. 28-32 pages) Summer $.65 per(28 pg) to
Rock distributed to approx. $.68 per(32 pg)
35,000-40,000 mailboxes +
100 client copies = $23,100-$26,800
(usually larger of the two + graphic design
programs each year) fees
Round August 2026 TBD (est. 28-32 pages) Fall/Winter/ TBD
Rock distributed to approx. Spring
35,000-40,000 mailboxes +
100 client copies
(usually smaller of the two
programs each year)
Round March 2027 TBD (est. 28-32 pages) Summer TBD
Rock distributed to approx.
35,000-40,000 mailboxes +
100 client copies
(usually larger of the two
programs each year)
Round August 2027 TBD (est. 28-32 pages) Fall/Winter/ TBD
Rock distributed to approx. Spring
35,000-40,000 mailboxes +
100 client copies
(usually smaller of the two
programs each year)
Round March 2028 TBD (est. 28-32 pages) Summer TBD
Rock distributed to approx.
35,000-40,000 mailboxes +
100 client copies
Community Impact Page 1 of 3
2025-2029
(usually larger of the two
programs each year)
Round August 2028 TBD (est. 28-32 pages) Fall/Winter/ TBD
Rock distributed to approx. Spring
35,000-40,000 mailboxes +
100 client copies
(usually smaller of the two
programs each year)
Round March 2029 TBD (est. 28-32 pages) Summer TBD
Rock distributed to approx.
35,000-40,000 mailboxes +
100 client copies
(usually larger of the two
programs each year)
Round August 2029 TBD (est. 28-32 pages) Fall/Winter/ TBD
Rock distributed to approx. Spring
35,000-40,000 mailboxes +
100 client copies
(usually smaller of the two
programs each year)
Round March 2030 TBD (est. 28-32 pages) Summer TBD
Rock distributed to approx.
35,000-40,000 mailboxes +
100 client copies
(usually larger of the two
programs each year)
Round August 2030 TBD (est. 28-32 pages) Fall/Winter/ TBD
Rock distributed to approx. Spring
35,000-40,000 mailboxes +
100 client copies
(usually smaller of the two
programs each year)
Billing Contact Information
Billing Contact Name:
Email: Phone: City of Round Rock
Community Impact Page 2 of 6
2025-2029
TERMS AND CONDITIONS
communityimpact.com/contact
ads@communityimpact.com
512.989.6808
1. Client understands that advertising rates can vary based on market demographics, order
quantity, contract length, product or service, size, placement and terms. By executing the
contract, Client is committing to a number of insertion months. For any changes within those
terms, Client must notify Community Impact more than 30 days before the Client Deadline.
Upon Community Impact review, if contract changes are executed, the Client invoice will be
adjusted for the difference in price.
2. This Agreement is non-cancellable for the entire contracted term, except in the event of
permanent Client closure. Failure to provide materials, approvals, or cooperation does not
relieve Client of its obligation to pay all contracted amounts. Community Impact reserves the
right to either run the last communicated advertising or to not run the advertising at all, and
invoice for the contracted amount.
3. For SOLO Postcards, delivery dates are guidelines based on USPS standard mail delivery
windows. Community Impact is a permitted reseller of postage products which must be verified
and accepted by USPS. Once mail is accepted, it becomes USPS property and must meet
federally regulated service standards, however this does not equate to a specific delivery date
and Community Impact offers no warranty, guarantee or other promises of delivery timeline
once USPS takes possession of the mail.
4. For CI 360, Storytelling Headlines for multiple markets within the same metro must use the
exact same content; changes are permitted across metros.
5. For all Storytelling Headline and Storytelling Banner products, Community Impact will make
three attempts to schedule, interview, and/or approve stories, with the final attempt in writing. If
we do not receive confirmation after these attempts, we will notify you that the storytelling will
not be published.
6. For any Digital products requiring mid-run changes, there is a business day turnaround of up
to 2 days and a $25 Administrative Fee separate from any Design Fees.
7. Targeted Mail fees are subject to change with notice. If Community Impact incurs a USPS
postage increase, a change in paper or ink tariffs, or other unexpected hard costs we cannot
negotiate with our vendors, we reserve the right to give 30 days notice with Clients in agreement
and bound to the new pass-along fees for the remainder of the contract.
8. If ordering extra copies of Targeted Mail inserts or sticky notes, Community Impact provides
free delivery to our local office or staff; however for delivery to a different address we will
communicate the shipping cost.
Community Impact Page 4 of 6
2025-2029
9. Client will be invoiced by month approximately 20 business days prior to the advertising or
services Final Date. Client agrees to pay in full approximately 10 business days prior to delivery
date or pays prior to the due date based on the net terms as approved by the Finance Team at
Community Impact. Advertisements running in more than one market during the same month
will be invoiced and paid as a group according to the earliest date.
10. If a credit card or ACH have been provided by the Client, by signing this agreement the
Client authorizes Community Impact to charge the contracted monthly amount to the credit card
or ACH. In the event that payment is not processed successfully on the initial attempt,
Community Impact reserves the right to reprocess until payment is successfully obtained.
11. If a single use credit card (P-Card) has been provided by the Client, by signing this
agreement the Client agrees to pre-authorize the total invoice amount including credit card fees.
12. In the event that Community Impact receives a payment from Client without accompanying
remittance details sufficient to identify the intended invoice(s), Community Impact will make
reasonable efforts to contact the Client for clarification. If no response is received within thirty
(30) days of receipt of payment, Community Impact reserves the right to apply such payment to
the oldest outstanding invoice(s) on Client's account. Any disputes regarding the allocation of
such payments must be raised within fifteen (15) days following allocation.
13. Any late payments shall accrue interest up to 1.5% per month. In the event of non-payment,
Community Impact may, at its option, declare all remaining amounts due under this Agreement
immediately payable. Client remains liable for all contracted amounts regardless of whether
advertisements run, are paused, or are rejected.
14. Returned checks are subject to a $25.00 return fee.
15. In the event of errors in or omissions of any advertisement(s), Community Impact's liability
shall not exceed the value of the advertisement that ran with Community Impact. It is the policy
of Community Impact to run a "make-good" advertisement in the next available issue or product
where relevant. This excludes colors, contrast, photos, font, and other features may appear
differently in the published product and no adjustment will be made for those differences.
16. In the event of any dispute, claim, or controversy arising out of or relating to this Agreement,
the parties agree to first attempt in good faith to resolve such dispute through informal
discussions. If the matter cannot be resolved within thirty (30) days, the parties agree that the
dispute shall be submitted to mandatory, non-binding mediation before a mutually agreed-upon
mediator in Williamson County, Texas, prior to either party initiating any court action or
proceeding. The costs of mediation shall be shared equally between the parties, unless
otherwise agreed in writing. Each party shall bear its own attorney's fees and costs incurred in
connection with the mediation. Participation in mediation is a condition precedent to the filing of
any lawsuit. If either party files a lawsuit without first engaging in mediation as required herein,
Community Impact Page 5 of 6
2025-2029
that party agrees to reimburse the other for any costs and reasonable attorneys' fees incurred in
seeking dismissal or stay of such action until mediation has been completed.
17. Community Impact reserves the right at its absolute discretion, and at any time, to cancel
any advertising order or reject any advertising copy, Page 4 of 4 Contract for Order#96299
generated 3:36 pm, December 31, 2025 whether or not the same has already been
acknowledged and/or previously published. Community Impact may also require the Client to
mark an ad as Advertising, Sponsored Content or"Paid By" to avoid confusion with editorial
content.
18. Community Impact reserves the right to hold the Client jointly and severally liable for such
monies as are due and payable. Delinquent accounts are subject to collection actions and Client
assumes responsibility for collection and attorney fees. The individual signing below represents
and warrants that they are authorized to bind the Client. If the Client is not a valid business
entity or fails to pay, the signer agrees to be personally liable for all obligations under this
Agreement.
19. In consideration of Community Impact publishing and running your ads, you agree to
indemnify Community Impact from and against any losses and expenses (including attorney's
fees) relating to such ads, including those arising from third-party claims or suits for
infringement, violation of privacy or publicity rights, or from any and all claims or regulatory
breaches.
20. Community Impact will not be liable to you or any third party for any loss of use, revenue or
profit, or for any consequential, incidental, indirect, exemplary, special or punitive damages
whether related to contract breach, tort, or otherwise. Regardless of whether such damage was
foreseeable and whether Community Impact advised of possibility of such damage, Community
Impact's aggregate liability related to this agreement, whether related to contract breach, tort, or
otherwise, shall not exceed 2 times the total of amounts paid to Community Impact under this
agreement in the 12-month period preceding the event giving rise to the claim.
21. This Agreement shall be governed by the laws of the State of Texas. Any disputes shall be
resolved exclusively in the state or federal courts located in Williamson County, Texas. Client
consents to personal jurisdiction and venue in such courts.
22. This agreement does not create an exclusive arrangement between the Client and
Community Impact. You may advertise elsewhere and Community Impact may provide ad space
and services to all others, including your competitors.
23. Community Impact does not warrant the number of responses to your ads, the number of
persons who will view your ads, or any other business benefit.
24. Community Impact may use any ad or storytelling from this contract to promote Community
Impact products and services.
Community Impact Page 6 of 6
2025-2029
EXHIBIT
Memorandum of Understanding A
Between
Texas Division of Emergency Management
and Texas Emergency Management Assistance Teams Participating
Jurisdiction/Employer
This memorandum of understanding ("TEMAT MOU") becomes effective as of the date of final
signature, by and between the Texas Division of Emergency Management("TDEM"), a member
of The Texas A&M University System("A&M System")and an agency of the State of Texas,and
the Texas Emergency Management Assistance Teams ("TEMAT") participating
jurisdiction/employer City of Round Rock, Texas, a home rule municipality ("Jurisdiction").
I. PURPOSE
In accordance with Texas Government Code Chapter 418,Subchapter E-1 Texas Statewide
Mutual Aid System, and the State of Texas Emergency Management Plan, this TEMAT
MOU delineates responsibilities and procedures for TEMAT activities. TDEM's authority
is provided through the State of Texas to activate state resources for the purposes of
TEMAT Programs.
TEMAT Programs include and are administered by the state agencies listed below:
TEMAT Program State Agency Program Program Summary
Administrator
Incident Support Task Texas Division of Emergency Provides support through
Force(ISTF) Management(TDEM) multiple areas of expertise
throughout response and
recovery initiatives
Public Works Response Texas A&M Engineering Provides support for
Team(PWRT) Extension Service(TEEX) critical infrastructure
systems
Texas A&M Task Force Texas A&M Engineering Provides search and rescue
1 (TX-TF 1) Extension Service(TEEX) support through Texas
A&M Task Force 1, Texas
Task Force 2, and Texas
A&M Task Force 3
State of Texas Incident Texas Division of Emergency Provides position specific
Management Team Management(TDEM) personnel to assist in
IMT emergency operations
Texas Intrastate Fire Texas A&M Forest Service Provides wildland and fire
Mutual Aid System (TFS) department support
TIFMAS
Statewide TEMAT MOU Final Draft 4.13.25
Page 1 of 10
II. SCOPE
The provisions of this memorandum of understanding apply to TEMAT activities
performed at the request of TDEM at the option of the participating Jurisdiction. These
activities may be in conjunction with, or in preparation of, a local, state or federal
declaration of disaster. The scope of this TEMAT MOU also includes training activities
sponsored by the state, TDEM, the Jurisdiction, and the Program Administrators to
maintain TEMAT operational readiness.
III. PERIOD OF PERFORMANCE
This TEMAT MOU commences on the date of the last signature and continues for a
period of five(5)years unless terminated earlier in accordance with the terms of this
TEMAT MOU.
IV. DEFINITIONS
A. Affiliated Member: A TEMAT Member that is associated with a Jurisdiction or
participating agency for purposes of this agreement.
B. Backfill: The assignment of personnel by a participating Jurisdiction to meet their
minimum level of staffing to replace a deployed TEMAT Member.
C. Incident Support Task Force: The division of TDEM is responsible for maintaining
all TEMAT program information to include but not limited to this TEMAT MOU
and the ISTF Program Guide.
D. Jurisdiction: A TEMAT Member's employer, which, by the execution of this
TEMAT MOU, has provided official approval of their employee's membership
involvement with TEMAT.
E. Member: An employee of a Jurisdiction who has been formally accepted into a
TEMAT Program and is in compliance with all program requirements (for both
TEMAT overall and specific requirements for the program(s) for which they are a
Member). For clarification,the lower-case use of"member"within this agreement,
refers to a A&M System member.
F. PIV-1: Personal Identification Verification Interoperability card should be issued to
all first responders.
G. Program: One of the TEMAT Programs listed in the above table and administered by
a Texas state agency to provide assistance during an emergency event or disaster.
H. Program Administrator: Designated State agency representative participating in the
program or administering the program on behalf of the state.
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I. Red Card: A National Wildfire Coordinating Group (NWCG) "Red Card" is a
credential issued to wildland firefighters that verifies their qualifications and training
for specific wildland fire positions.
J. State Mutual Aid Reimbursement Guide: A living document explaining how TDEM
will reimburse local responding entities, state agencies, and other entities for
accepting and responding to state-assigned mutual aid missions.
K. TEMAT:Any response team administered by a state Jurisdiction of Texas to provide
response assistance to local Jurisdictions or the state of Texas.
L. TEMAT Training and Exercises—Jurisdiction Sponsored: Training and/or exercises
performed at the direction, control, expense, and funding of a participating
Jurisdiction in order to develop and maintain capabilities of the Member and
TEMAT.
M. TEMAT Traininiz and Exercises—State or Administrator Sponsored: Training and/or
exercises performed at the direction, control, expense, and funding of the state or
Program Administrator.
N. Unaffiliated Member: An approved Member of the Incident Support Task Force that
is not currently employed by a government entity.
V. RESPONSIBILITIES
A. TDEM shall be responsible for the following:
1. Provide and maintain administrative and personnel management guidelines and
procedures related to TEMAT and this TEMAT MOU.
2. Maintain, in coordination with Program Administrators, programmatic
guidance to provide standard operating procedures that are current and readily
available to Program Administrators, Jurisdictions, and Members.
3. Provide training to Members. Training shall be consistent with the objectives
of the TEMAT Program overall to include but not limited to State Operations
Center functions, financial reimbursement, and other training.
4. Work with Program Administrators to ensure all administrative, fiscal, and
personnel management guidelines are consistent across all TEMAT Programs.
5. Provide coordination between Program Administrators, other relevant
governmental and private entities,Jurisdiction,and Member.
6. Maintain overall TEMAT contact list for all Jurisdictions and Members.
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B. The TDEM shall ensure that the Program Administrator(s)will do the following:
1. Recruit and manage Members for their specific program according to guidelines
outlined in the program-specific guidance manual.
2. Produce related portion of the program-specific guidance manual to provide
standard operating procedures that are current and readily available to
Members.
3. Provide and maintain qualifications, training, and operational guidelines and
procedures related to the TEMAT Program they administer.
4. Provide upon approval of membership and then collect upon separation from
the program equipment, uniforms, and identification issued on behalf of
TEMAT.
5. Provide training for Members. Training must be consistent with the objectives
of developing, increasing, and maintaining individual skills necessary to
maintain operational readiness related to emergency management response.
6. Develop, implement, and exercise an internal notification and call-out system
for Members.
7. Provide coordination between the state,other governmental and private entities,
participating agency/employer, and Member, notify Jurisdictions or program
Members of the need for activation.
8. Maintain and submit, annually, a primary contact list for their respective
program, for all Jurisdictions and Members, to the state.
9. Maintain personnel files on all Members of administered programs for the
purpose of documenting training records, qualifications, emergency
notification, and other documentation as required by the state and Program
Administrators.
10. Ensure the issuance of PIV-1 to each Member through coordination with
TDEM. If removed from team,then the PIV-1 should be retrieved and revoked
immediately. Program Administrator(s) should retrieve the PIV-1 and notify
TDEM for immediate revocation.
11. Program Administrator, TEEX, will reimburse Jurisdiction for Urban Search
and Rescue(US&R), Public Works Response and sponsored training activities
related to this TEMAT MOU under the authority of the State of Texas
Emergency Management Plan, the Robert T. Stafford Disaster Relief and
Emergency Act, Public law 93-288, as amended 42 U.S.C. 5121, et seq., and
Title 44 CFR Part 208—National Urban Search and Rescue Response System.
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12. All reimbursement requests pursuant to this section shall follow program
specific guidelines included in the TEEX Deployment Reimbursement
Manual and the State Mutual Aid Reimbursement Guide.
C. The Jurisdiction shall:
1. Determine which TEMAT Programs the Jurisdiction will support by providing
Members and being able to respond as requested by TDEM and Program
Administrators.
2. Upon signature, the Jurisdiction will submit a roster within fourteen (14)
calendar days of final signature to TDEM and Program Administrators.
Maintain a roster of all its personnel participating in TEMAT activities and
submit an update annually. The roster shall include all current Red Card
qualifications for each Member when applicable.
3. Provide a primary point of contact to TDEM and Program Administrators for
the purpose of notification of TEMAT activities and for administrative
activities.
4. Provide administrative support to employee Members of TEMAT,e.g.,time off
when fiscally reasonable to do so for TEMAT activities such as training,
meetings,and actual deployments.
5. Ensure all reimbursement claims meet the requirements of the State Mutual Aid
Reimbursement Guide.
6. Upon notification by TDEM, the Jurisdiction will determine which Members
within Jurisdiction are qualified and available for deployment. Jurisdiction
determines which qualified Members deploy.
D. The Jurisdiction shall ensure the Member(s):
1. Perform duties, as required by their membership in a TEMAT program, when
requested and deployed by TEMAT.
2. Maintain knowledge, skills, and abilities necessary to operate safely and
effectively in the assigned position and conduct themselves in accordance with
the program-specific guidance manual.
3. Advise the Program Administrator of any change in the notification process,
i.e., address,change of employment, or phone number changes.
4. Update their membership profile through their Program Administrator or their
online portal with any updated qualifications, rate of pay change, or position
change as they occur and verify accuracy annually.
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5. Maintain, for deployment, all equipment issued by the TEMAT program and
advise Program Administrator of any lost,stolen,or damaged items assigned to
Member.
6. Keep the Jurisdiction advised of TEMAT activities that may require time off
from work.
7. Be prepared to operate in a disaster environment,which may include living and
working in austere conditions.
8. During any period in which TEMAT is activated by TDEM or during any
TEMAT sponsored or sanctioned training, Member shall be acting as a
representative of the State of Texas.
9. Ensure that staff approved for membership by Jurisdiction meet the program
requirements and experience level with his/her position on each TEMAT
program in accordance with the program-specific guidance manual.
VI. QUALIFICATIONS, TRAINING,AND EXERCISES
A. TEMAT Training and Exercises—Jurisdiction Sponsored:
Periodically, Members will be requested and/or invited to attend local TEMAT-
sponsored training or exercises. Local Jurisdiction-sponsored training or exercises
shall be performed at the direction, control, expense, and funding of the local
Jurisdiction in order to develop the technical skills of Members.
TEMAT Training and Exercises—State or Program Administrator Sponsored:
Periodically, Members will be invited to attend state TEMAT training and/or
exercises, and when these training and/or exercises are required, Jurisdiction shall
ensure Member attends such. These trainings and exercises shall be performed at the
direction, control, expense, and funding of the state which may include being
administered through a Program Administrator in order to develop and maintain the
incident support capabilities of the TEMAT. For state or Program Administrator
sponsored training or exercises,the Jurisdiction shall coordinate with TDEM and/or
Program Administrators, prior to the event, to receive written authorization prior to
such an event.
B. Minimum Oualification and Training Requirements
Jurisdiction should allow Members appropriate time to maintain the qualifications
required for each position Member fills in the TEMAT Program.
Jurisdiction should ensure Members can attend available TEMAT training and
exercise opportunities provided for the assigned TEMAT position to ensure the
maintenance of position qualifications. Jurisdiction understands that failure for
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Jurisdiction to ensure Members attend or maintain qualifications may result in
dismissal from the TEMAT Program when qualifications are no longer valid.
VII. ADMINISTRATIVE,FINANCIAL,AND PERSONNEL MANAGEMENT
A. Reimbursement of Administrators/Jurisdiction
1. All guidelines and procedures for requesting reimbursement shall be pursuant
to the State Mutual Aid Reimbursement Guide.
2. All financial commitments herein are made subject to the availability of funds
from the State of Texas.
VIII. Liability and Workers' Compensation for State Activation/And Training
A. During any period in which a program under TEMAT is activated by the State of
Texas, or during any TEMAT sanctioned training, Members who are not
employees of A&M System or another agency of the State of Texas
will be considered to be in the course and scope of the Member's (employee's)
regular employment with the Jurisdiction (employer) and the Member shall be
entitled to full benefits, including workers' compensation and liability coverage, as
an employee of their employer.
B. For a Member who becomes injured during any period in which a program under
TEMAT is activated by the State of Texas, or during any TEMAT sanctioned
training, the Jurisdiction shall immediately notify the Program Administrator and
TDEM of the injury in writing, and TDEM shall reimburse the Jurisdiction the costs
and expenses paid by the Jurisdiction to Member, including but not limited to, all
related medical expenses, compensation, wages, pension contributions, and any
benefits provided by the Jurisdiction. Pursuant to Texas Government Code Section
418.118(b), the Jurisdiction may seek reimbursement for all eligible costs and
expenses as provided in this section by providing TDEM or the Program
Administrator, whichever is applicable, adequate supporting documentation for the
costs/expenses claimed, to include proof of pay provided by the Jurisdiction to the
Member. Said reimbursement shall continue, in accordance with Texas Labor Code
Section 408, until such time that the injured Member is medically cleared for return
to work or in the event of permanent disability or death, until all obligations for
payment to the Member or Member's beneficiaries are satisfied.
IX. CONDITIONS,AMENDMENTS,AND TERMINATION
A. This TEMAT MOU may be modified or amended only by the written agreement of
all the parties.
B. This TEMAT MOU may be terminated by any signing party, upon thirty (30) days
written notice to the other party.
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C. The state complies with the provisions of the Department of Labor Executive Order
11246 of September 24, 1965, as amended and with the rules, regulations, and
relevant orders of the Secretary of Labor.To that end,the state shall not discriminate
against any Member on the grounds of race, color, religion, sex, or national origin.
In addition, the use of state or federal facilities, services, and supplies will be in
compliance with regulations prohibiting duplication of benefits and guaranteeing
nondiscrimination. Distribution of supplies,processing of applications,provisions of
technical assistance, and other relief assistance activities shall be accomplished in an
equitable and impartial manner,without discrimination on the grounds of race,color,
religion, nationality, sex, age, or economic status.
D. This TEMAT MOU is governed by the laws of the State of Texas(but not its conflict
of laws statutes and principles). Pursuant to Section 85.18 (b), Texas Education
Code, venue for a state court suit filed against any member of A&M System, or any
officer or employee of A&M System is in the county in which the primary office of
the chief executive officer of the system or member, as applicable, is located.
E. The parties expressly acknowledge that the Program Administrators are agencies of
the State of Texas and nothing in this TEMAT MOU will be construed as a waiver
or relinquishment by any state agency administrator of its right to claim such
exemptions,privileges, and immunities as may be provided by law.
F. By executing this TEMAT MOU, all parties and each person signing on behalf of
each party certifies, and in the case of a sole proprietorship, partnership or
corporation, each party thereto certifies as to its own organization,that to the best of
their knowledge and belief, no member of A&M System or A&M System Board of
Regents,nor any employee,or person,whose salary is payable in whole or in part by
A&M System, has direct or indirect financial interest in the award of this TEMAT
MOU, or in the services to which this TEMAT MOU relates, or in any of the profits,
real or potential,thereof.
G. Each party is responsible to ensure that employees participating in work for any
member of A&M System have not been designated by a member of A&M System as
Not Eligible for Rehire (NEFR) as defined in System policy 32.02, Section 4. Non-
conformance to this requirement may be grounds for termination of this agreement.
In event a system member becomes aware that a contracting party has any employees
that are designated as NEFR under this TEMAT MOU,the nonconforming employee
is immediately required to be removed from all performance duties upon demand by
a system member.
X. JURISDICTION DECLARATION OF PARTICIPATION IN TEMAT
Jurisdiction agrees to abide by the terms and conditions of this TEMAT MOU and
the program-specific guidance manual. Jurisdiction agrees to allow employees to serve as
TEMAT Members for the approved TEMAT Programs checked below:
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TEMAT Program Check for Jurisdiction Point of
Participation Contact Initials
Incident Support Task Force (ISTF) N
Public Works Response Team (PWRT) N
Texas A&M Task Force 1 N
State of Texas Incident Management N
Team IMT
Texas Intrastate Fire Mutual Aid System N
TIFMAS
XI. POINTS OF CONTACT
TDEM TEMAT Coordinator
Name: Chief Nim Kidd Kharley Smith
Title: Chair—Texas Emergency ISTF Division Chief
Management Council
Address Line 1: 313 E Anderson Ln 313 E Anderson Ln
Address Line 2: Building 3 Building 3
City,State,Zip: Austin, TX 78752 Austin, TX 78752
Phone Number: 512-424-2436 512-424-2436
Email: Nim.kidd(a�tdem.texas.gov kharle. .smith tdem.texas.gov
Jurisdiction
Name: City of Round Rock
Title: Attn: City Manager
Address Line 1: 221 East Main Street
Address Line 2:
City,State,Zip: Round Rock, TX 78664
Phone Number: 512-218-5401
Email: madams(aroundrocktexas.gov
XII. GENERAL PROVISIONS
A. This TEMAT MOU, with the rights and privileges it creates, is assignable only with the
written consent of the parties.
B. Pursuant to Texas Government Code Section 321.013, acceptance of funds under this
TEMAT MOU constitutes acceptance of the authority of the State of Texas,the Texas State
Auditor's Office,or any successor agency (collectively,"Auditor"),to conduct an audit or
investigation in connection with those funds under Texas Education Code Section
51.9335(c). Jurisdiction shall cooperate with the Auditor in the conduct of the audit or
investigation, including without limitation,providing all records requested.
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C. Pursuant to Texas Government Code Sections 2107.008 and 2252.903, any payments
owing to Jurisdiction under this TEMAT MOU may be applied directly toward certain
debts or delinquencies that Jurisdiction owes the State of Texas or any agency of the State
of Texas regardless of when they arise until such debts or delinquencies are paid in full.
D. To the extent applicable, Jurisdiction shall use the dispute resolution process provided in
Chapter 2260, Texas Government Code, and the related rules adopted by the Texas
Attorney General to attempt to resolve any claim for breach of contract made by
Jurisdiction that cannot be resolved in the ordinary course of business. Jurisdiction shall
submit written notice of a claim of breach of contract under this Chapter to TDEM's
designated official, who will examine the claim and any counterclaim and negotiate in an
effort to resolve the claim.
XIII. ENTIRE AGREEMENT
This TEMAT MOU terminates and supersedes any prior TEMAT MOU amongst TDEM,
TEMAT Program Administrators, a TEMAT Employee Member, and Participating
Jurisdiction. This TEMAT MOU, in addition to the related program-specific guidance
manuals and State Mutual Aid Reimbursement Guidelines, reflects the entire agreement
between the parties.
TDEM and Jurisdiction hereby acknowledge that they have read and understand this entire
TEMAT MOU. All oral or written agreements between the parties hereto relating to the subject
matter of this TEMAT MOU that was made prior to the execution of this TEMAT MOU have been
reduced to writing and are contained herein. TDEM and Jurisdiction agree to abide by all terms
and conditions specified herein and certify that the information provided to the state is true and
correct in all respects to the best of their knowledge and belief.
This TEMAT MOU is entered into by and between the following parties:
TEXAS DIVISION OF EMERGENCY MANAGEMENT
Signature:
Name: W.Nim Kidd
Title: Chief, Texas Division of Emergency Management
Date:
JURISDICTION
Signature:
Name: Craig Morgan
Title: Mayor
Date:
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