Contract - Texas Department of Public Safety - 10/22/2015 i
405-ATR-15-27-50185
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INTERLOCAL AGREEMENT i
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BETWEEN THE CITY OF ROUND ROCK, TEXAS
AND TEXAS DEPARTMENT OF PUBLIC SAFETY
(T)FO TRAVEL EXPENSE REIMBURSEMENT PROGRAM)
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This Jnterlocal Agreement ("Agreement") is made by and between the City of ROUND
ROCK,Texas ("City") and Texas Department of Public Safety("TXDPS"),both acting by and
through their dilly authorized representatives, pursuant to the provisions of the Interlocal
Cooperation Act,Texas Goverimlent Code Section 791 et seq. I
The parties hereto, in consideration of the premises and mutual promises contained herein,
agree as follows:
1. Entity. City is a local government of the State of Texas and TXDPS is an agency of the State
of Texas and both parties have the authority to enter into an Interlocal Agreement pursuant to
791.011,
2, Public Benefit. 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 the division of cost fairly
compensates the performing party for the services performed under this Agreement; and the
performance of this Agreement is in the common interest of both parties
3. Purpose. The purpose of this Agreement is to set out the terms and conditions under which
City shall participate in conjunction with TXDPS in the "Tactical Flight Officer Travel
Reimbursement Program"as set forth herein.
4. Definitions. The following terms shall be defined as follows:
A. Tactical Flight Officer (hereinafter "TFO'): The TFO is the vital link between aircraft
and ground units. Through his/her knowledge of aircraft systems and police equipment,
the TFO serves to assist in the successful outcome of the airborne mission.
B, The Tactical Flight Officer Travel Expense Reimbursement Program: A program
allowing for reimbursement to the TFO for travel expenses incurred by a TFO assigned to
TXDPS Aircraft Operations Division. i
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5. Terms.
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A. The parties shall abide by all federal and state laws and regulations.
B. TXDPS shall cooperate fully with City in any manner related to the purpose of this
Agreement to the extent that it is reasonably practicable for TXDPS.
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C. City shall assign one(1)police officer to TXDPS Aircraft Operations Division in Austin;
Texas, for periods of time that are mutually agreed upon by the City and the TXDPS
Aircraft Operations Division Chief Pilot. The selection of personnel for the TFO position
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405-AIR-15-27-50185
shall be approved by and serve at the discretion of the TXDPS Aircraft Operations
Division Chief Pilot, City agrees that:
1) The assigned TFO must comply with TXDPS uniform operation policies and
procedures as defined in the TXDPS Aircraft Operations Division's Flight Operations
Manual.
2) City must obtain pre-approval for any out-of-state travel by a designated TFO from
TXDPS Deputy Director David G. Baker,or his designee,on behalf of TXDPS.
6. Payment.
A. There shall be no payment owed by either party pursuant to this Agreement unless City's
assigned TFO is tunable to return to his/her base camp following participation in an
airborne mission. In the event the supervising lieutenant on behalf of TXDPS determines
that the assigned TFO is unable to return to base camp, then City shall be eligible for
reimbursement of the TFO's actual allowable travel expenses from TXDPS.
B. City shall provide itemized invoices with each request for reimbursement.
C. City shall bill for the previous thirty(30) days and travel expenses are not to exceed the
actual amount of itemized invoices that are required to be attached to each reimbursement
request,Eligible travel expenses shall comply with the State of Texas travel requirements
as found at the following link: hns:Hfmx cpa state tx.iis/fmx/travel/index.php. In
accordance with Government Code 660.007(b), the Department further restricts
travel costs for lodging to $771night and meals to $46/day.
D. TXDPS shall process all reimbursements consistent with Chapter 2251 of the Texas
Government Code.
E. All reimbursement shall be submitted to:
Texas Department of Public Safety
Chief Pilot
1035 Golf Course Road
Austin,Texas 78719
F. TXDPS shall not be liable to City for reimbursements incurred.by City prior to the date
that City executes this Agreement or after the termination of this Agreement.
7, Term.. This Agreement shall commence upon execution by both parties and shall continue for
twenty-four (24) months with options of five (5) renewal terms of two (2) years per renewal
term. The term of the Agreement may only be renewed upon the express written agreement of
both parties.
8. Termination. This Agreement may be terminated under any of the following conditions.
A. By the express written agreement of both parties.
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B. By either party upon service of written notice of termination upon the other party no later
than thirty(30) days prior to the date of termination.
9. Current revenues. Both the party performing a sex-vice and the patty paying for the
performance.of governmental firnctions or services shall, respectively, render performance and
make payments fi-om current revenues legally available to the party.
10.Point-of-Contact Officials. The paint-of.-contact-official for City shall be Allen Banks, Chief
of Police, and for TXDPS shall be David G. Baker, Deputy Director, Law. Enforcement
Operations. The governing body of each patty hereby authorizes its point-of-contact official to
mutually agree, without the need for further approval by either governing body, to make minor
adjustments in the operational procedures, allocated duties, rights, etc. described herein to
facilitate greater efficiencies, reduce opportunity for errors, better serve the public, so long as
such adjustments do not require or constitute a change in fees or costs, or creates a material
change in the performance required of a patty.
11.Liability. The purpose of this Agreement is only to set forth the rights and duties of the
parties with regard to the governmental function or services described. This Agreement does not
create any right, benefit, or cause of action for any thud party.• By executing this Agreement,
neither patty waives,nor shall be deemed hereby to waive, any immunity or defense that would
otherwise be available to it against claims arising in the exercise of governmental powers and
functions. Each party shall be solely responsible for any loss, damage,injury, or death to a third
party(parties)arising out of or related to the acts or omissions of its employees or agents and not
those of any other party.
12.Venue. Each party agrees that if legal action is brought under this Agreement,then exclusive
venue shall lie in the county in which the defendant party is located and,if located in more than
one county,in the county in which the principal•offices of the defendant party are located.
13. Severance & Survival. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any request,
such invalidity, illegality, or unenforceability shall not affect any other provision contained
herein and this Agreement shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained,
14. Amendments. This Agreement contains all the commitments and the agreements of the ,
parties and any oral or written commitments not contained herein shall have noforce or affect to
alter any term or condition of this Agreement. This Agreement may be amended or modified in
writing by the mutual agreement of the parties. '
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by
their authorized officers the day and year written below.
[Signatures are on the following page.]
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405-AIR-15-27-50185
TEXAS DEPARTMENT OF PUBLIC SAFETY CITY ROUND ROCK,TEXAS
By; By:
Title: Daviel G.Bauer,Deputy Director,Law
Enforcement Operations Title: Alan McGraw,Mayor
Date 1p y Date: �� • /�'
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