CM-09-10-213CONTRACT FOR SERVICES
CoPY
This agreement by and between the City of Round Rock Police Departt wuce
Department") and Texas Municipal Retirement System ("TMRS") shall be made effective
, 2009.
TMRS and the Round Rock Police Department hereby agree as follows:
1. The Round Rock Police Department shall provide security to the TMRS mobile disaster recovery
unit for the testing period beginning on November 2, 2009 through November 8, 1009, or alternate dates, if
changed with reasonable notice to the Round Rock Police Department (the "Services"). TMRS will pay $55
per hour for the Services upon receipt of an invoice for the Services.
2. The term of this Agreement is from the date of execution through August 31, 2010, The term shall
automatically renew for another year term until terminated by either party in accordance with paragraph 5
below.
3. The Round Rock Police Department warrants and represents the following:
a. Compliance with Laws and Policy. That Round Rock Police Department shall provide
and conduct all operations in conformity with all applicable federal, state, and local laws, rules,
regulations, and ordinances.
b. Licenses and Certifications. That Round Rock Police Department has or will obtain at its
own cost, prior to providing the Services, any and all approvals, licenses, filings, registrations and
permits required by federal, state or local laws, regulations or ordinances, required for the
performance of the Services.
c. Performance and Limitation of Liability. That Round Rock Police Department has the
personnel, experience, knowledge and contractual relationships necessary to qualify the Round
Rock Police Department for the particular duties to be performed under this Agreement. The Round
Rock Police Department warrants that all services performed under this Agreement shall be
performed consistent with the prevailing best practices in its profession or industry.
4. The Round Rock Police Department acknowledges and agrees that TMRS is required to provide
access to certain information in accordance with the provisions of Texas Government Code, chapter 552,
the Public Information Act, formerly known as the Open Records Act. The Round Rock Police Department
acknowledges and agrees that TMRS shall have no liability to the Round Rock Police Department or any
other person or entity for disclosing information in accordance with the Texas Public Information Act.
5. Force Majeure. Neither TMRS nor the Round Rock Police Department shall be liable for any delay
in the performance of this Agreement, nor for any other breach, nor for any Toss or damage arising from
uncontrollable forces such as fire, storm, war, or any other force majeure that could not have been
reasonably avoided by exercise of due diligence.
6. Relationship of the Parties. For all purposes of this Agreement, and notwithstanding any provision
of this Agreement to the contrary, the Round Rock Police Department is an independent contractor and is
not an employee, partner, joint venturer, or agent of TMRS. The Round Rock Police Department shall
make no representation that The Round Rock Police Department is an employee of TMRS. The Round
Rock Police Department will not bind or attempt to bind TMRS to any agreement or contract. As an
independent contractor, the Round Rock Police Department is solely responsible for all taxes, withholdings,
and other statutory or contractual obligations of any sort related to its business, including, but not limited to,
workers' compensation insurance.
7. Termination. Either party may terminate this Agreement with or without cause upon thirty (30) days
prior written notice to the other party.
8. Governing Law & Venue. in any lawsuit or legal dispute arising from the operation of this
Agreement, the parties agree that the laws of the State of Texas shall govern, without regard to conflicts of
law principles. Venue shall be in the District Court of Texas, Travis County, Texas.
9. Dispute Resolution. The parties agree that the dispute resolution process provided for in Chapter
2.260 of the Texas Government Code will be used by TMRS and the Round Rock Police Department to attempt
to resolve any claim for breach of contract made by the Round Rock Police Department that cannot be
resolved in the ordinary course of business. The Executive Director of TMRS or his designee will examine the
Round Rock Police Department's claim and any counterclaim and negotiate with the Round Rock Police
Department in an effort to resolve such claims. The parties specifically agree that (i) neither the execution of
the Agreement by TMRS nor any other conduct, action or inaction of any representative of TMRS relating to the
Agreement constitutes or is intended to constitute a waiver of TMRS' sovereign immunity to suit; and (11) TMRS
has not waived its right to seek redress in the courts or a jury trial.
10. No Waiver. No action or failure to act by a party hereto shall constitute a waiver of a right or duty
afforded under this Agreement, or constitute approval or acquiescence in a breach of this Agreement,
except as may be specifically set forth in this Agreement.
11. Amendment. This Agreement cannot be modified or changed by any oral promise made by any
person, officer, or employee of either party, nor shall any written modification of it be binding on TMRS until
approved in writing by authorized representatives of both TMRS and the Round Rock Police Department.
12. Counterparts. This Agreement may be executed in one or more counterparts, each of which will be
deemed an original, but all of which together will constitute one and the same agreement.
13. Severability. If any provision of this Agreement is held to be invalid or unenforceable in whole or in
part, this instrument shall in all other respects remain in full force and effect as if the invalid provision had
never been included, and the remaining provisions shall be construed as consistently as possible with the
Agreement's original purpose.
14. No Assignment. Neither party may assign, transfer, or convey this Agreement or assign, transfer or
delegate any of its rights, duties, or obligations hereunder; any such attempted assignment by such party
shall be void.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) set forth opposite the
signatures of their authorized representatives to be effective for all purposes on the date first written above.
THE CITY OF ROUND ROCK POLICE DEPARTMENT TEXAS MUNICIPAL RETIREMENT SYSTEM
BY: BY:
NAME: NAME: DAVID GAVIA, ACTING EXECUTIVE
DIRECTOR AND GENERAL COUNSEL
DATE: DATE:
APPROVED:
CITY OF ROUND ROCK
By: As
Printed Name: 0. ►� %a . ►
Title: C �'Y1a.,�+! -
Date Signed 10-23 al -
ATTEST: "
ATTEST:
By:
Sara L. White, City Secretary
FOR CITY, APPROVED AS TO FORM:
By: .37 ._ Leo R;, Gl
Sthphan L. Sheets, t
DATE: October 16, 2009
SUBJECT: City Manager Approval — October 23, 2009
ITEM: Consider executing "Contract for Services" with Texas Municipal Retirement
Systems (TMRS) for provision of security for the TMRS mobile recovery unit
(MRU) while on City of Round Rock property during actual disaster deployment
and scheduled training.
Department: Police Department
Staff Person: Brad Bradford, Emergency Management Coordinator
Justification: This agreement is between Texas Municipal Retirement System (TMRS) and the
City of Round Rock Police Department to provide security to the TMRS mobile recovery unit
(MRU) for its deployment during actual disaster or scheduled drills for the period from the date
of execution of this agreement through August 31, 2010. The MRU's first drill is scheduled for
November 2-8, 2009. TMRS will pay $55 per hour for the services upon receipt of an invoice.
Strategic Plan Relevance: This item is related to the Police Department Strategic Goal 2:
Plan For And Adapt To Change, Objective B — Actively plan the Department's response to major
incidents.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources (if applicable): NONE
Public Comment (if applicable): N/A
UPDATED APRIL 2008
10 19.09
Request for City Council/City Manager Action
FCTI City Council In 1 City Manager
Submit completed form for all City Manager and City Council approvals.
Department Name: Ponce Department
Contact Person: Tricia McFerran / Sherrill Voll / Rick White
Project Mgr/Resource: Brad Bradford
Project Coordinator: Brad Bradford
Assigned Attomey: J.K. Gayle
City Council or City Manager Approval Date:
Agenda Wording
Project Name: Contract For Services To Provide Security
ContractorNendor: Texas Municipal Retirement System (TMRS)
Funding Source:
Additional funding Source:
Amount:
Account Number:
10/23/2009
Consider executing "Contract for Services" with Texas Municipal Retirement Systems (TMRS) for provision of security for the TMRS mobile recovery unit (MRU) while on City of Round Rock
property during actual disaster deployment and scheduled training.
Finance Information
Is Funding Required?
Yes 0 No E
Initial Construction Contract
Construction Contract Amendment
Change Order 9
OChangein Quantity Unforeseen Circumstances
Initial Professional Services Agreement
O Supplemental Professional Service Agreement
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased
Other (Please clearly identify action below)
Amount
FINANCE
NiA Approved
H
El ED
El ED
Finance/CJP
Finance/Acct
Purchasing
[] 0 Budget
Date
Date
Date
Date
APPROVALS
(to be completed ONLY by Finance)
Final Finance Approval Required
Approved
Finance Director Date
Once approvals have been obtained. please forward the RFA. blue sheet, backup information and originals to City Secretary, San White.
ITEMS WILL NOT BE PLACED ON THE COUNCIL AGENDA WITHOUT FINANCE AND LEGAL APPROVAL PRIOR TO SUBMISSION.
Required for Submission of ALL City Council and City Manager Items
Project Mgr. Signature: Brad Bradford Date:
Dept. Director Signature:4 134 1 ,1 ..'.///'� Date:
'City Attorney Signature:
City Manager Signature:
Date:
Date:
10/19/2009
�o-__ _
11
City Attorney signature is required for all items.
REVISED 10/19/2009
10 19 09
Request for City CounciUCity Manager Action
ml City Council En City Manager
Submit completed form for all City Manager and City Council approvals.
Department Name: Police Department
For moministration..iisia nal v
Received:
Tag #:
Original Documents Received:
Project Name: Contract For Services To Provide Security
Contact Person: Tricia McFerran / Sherrill Voll / Rick White Contractor/Vendor: Texas Municipal Retirement System (TMRS)
Project Mgr/Resource: Brad Bradford
Project Coordinator: Brad Bradford
Assigned Attomey: J.K. Gayle
City Council or City Manager Approval Date:
Agenda Wording
Funding Source:
Additional funding Source:
Amount:
Account Number:
10/23/2009
Consider executing "Contract for Services" with Texas Municipal Retirement Systems (TMRS) for provision of security for the TMRS mobile recovery unit (MRU) while on City of Round Rock
property during actual disaster deployment and scheduled training.
Finance Information
Is Funding Required?
Yes 0 No
Initial Construction Contract
Construction Contract Amendment #
Change Order #
Change in Quantity Unforeseen Circumstances
Initial Professional Services Agreement
EDSupplemental Professional Service Agreement #
ED Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased
EJ
FINANCE
NIA '' Approved
00
CI J
c
Other (Please clearly identify action below)
APPROVALS
(to be completed ONLY by Finance)
Final Finance Approval Required
Approved
Finance/CtP L. otsen
Finance/Acct E. Wilson
Purchasing
Date 10/21/2009
Date 10/21/2009
Date 10/20/2009
Date 10120/2009
Amount
Cheryl Delaney 10/21/2009
Finance Director Date
royals have been obtained. please /onward the RFA. blue sheet, back up information and originals to City Sara White.
JILL NOT BE PLACED ON THE COUNCIL AGENDA WITHOUT FINANCE AND LEGAL APPROVAL PRIOR TO SUBMISSION.
Required for Submission of ALL City Council and City Manager Items
Project Mgr. Signature: Brad Bradford
Date:
Dept. Director Signature: 5 e A f "+l( `j -'ct Date:
Date:
Date:
*City Attorney Signature:
City Manager Signature:
10/19/2009
*city Attomey signature is required for all items.
REVISED 10/21/2009
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: POLICE
Project Mgr/Resource: TIM RYLE
CONTRACT FOR SERVICES TO PROVIDE
Project Name: SECURITY
TEXAS MUNICIPAL RETIREMENT SYSTEM
ContractorNendor: (TMRS)
F—ICouncil Action:
ORDINANCE [ RESOLUTION
Agenda Wording
City Manager Approval
CMA Wording
Consider executing "Contract for Services" with Texas Municipal Retirement Systems (TMRS) for provision of security for mobile
disaster recovery unit testing period.
Attorney Approval
❑Attorney
Notes/Comments
Date
This contract needs to be signed by the Police Department BUT ALSO by City Manager et al on attached page. City Manager will sign
first, circulate to Police Department for signature, then on to TMRS for final execution.
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Updated 6/3/08