CM-2016-1176 - 9/2/2016STATE OF TEXAS § STANDARD AGREEMENT WITH
§ LOCAL GOVERNMENTAL ENTITY
§ REGARDING OFF-DUTY
§ CONTRACTING OF COUNTY
COUNTY OF WILLIAMSON § SHERIFF DEPUTIES
This interlocal agreement (hereinafter, the "AGREEMENT") is entered into by
and between the local governmental entity set forth on the signature page below
(hereinafter, "LGE'') in the State of Texas, and Williamson County, Texas (hereinafter,
"COUNTY") a political subdivision of the State of Texas, and the Williamson County
SHERIFF's Office set forth on the signature page below (hereinafter, "SHERIFF'S
OFFICE").
For and in consideration of the permission given by COUNTY for the LGE to contract in
a private capacity DEPUTIES of the SHERIFF'S OFFICE (hereinafter "DEPUTIES"),
while DEPUTIES are not on duty with and for the COUNTY, it is hereby agreed as
follows:
1. It is mutually agreed that while the DEPUTIES are working for the LGE, the
DEPUTIES' primary responsibility is the enforcement of Federal and State laws
and COUNTY Ordinances or Regulations to protect life and property and to keep
the peace. DEPUTIES are at all times subject to the rules and policies of the
SHERIFF'S OFFICE. LGE expressly acknowledges and agrees that such
DEPUTIES are at all times independent contractors of LGE when contracted by
the LGE.
2. It is understood by the LGE that the COUNTY shall retain the right to withdraw at
any time its permission for the DEPUTIES to work in a private capacity. If the
permission of the COUNTY is withdrawn, the LGE agrees to terminate its
contractor relationships with DEPUTIES. The LGE, 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liability or claim for damages in the event such permission is withdrawn by the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.
3. Prior to the beginning of DEPUTIES employment with the LGE, the LGE 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. COUNTY SHALL BE NAMED AS
AN ADDITIONAL INSURED UNDER TI -IIS COVERAGE. �� 2-
4. The term of this AGREEMENT shall begin on the OK
201 (,,9 and shall terminate on September 30, 2017, and Mill have two additional
one (1) year automatic renewals. The AGREEMENT will automatically renew on
October 1, 2017, and October 1, 2018. It must be revisited with proper approvals
from the applicable governing bodies and elected official(s) for FY2020.
5. State law requires that law enforcement personnel conducting "off-duty" work
must be both "full time" and "entitled" to fringe benefits. Tex. Occup. Code Sec.
1702.322(A) & (B)(i). Thus, part-time deputies and "reserve" officers may not
conduct "off-duty" work.
6. The COUNTY agrees that each of the DEPUTIES will be properly insured with
automobile liability insurance while operating the patrol vehicle in accordance
with Section 612.005(b) of the Texas Government Code, and any other applicable
laws.
7. COUNTY agrees to invoice LGE for the reimbursement amounts for DEPUTIES'
vehicle usage at the rate of $8.00 per hour per vehicle (to cover LGE's fair share
of costs for fuel, maintenance, and yearly premiums on automobile insurance).
The LGE acknowledges that the above described reimbursement rate will not
totally cover the entire costs incurred by COUNTY for the fully equipped patrol
vehicle that is being utilized by such DEPUTIES in the LGE's Area; provided,
however, COUNTY deems such unrecovered costs for the fully equipped patrol
vehicle to be of a public benefit to the citizens of Williamson County.
8. LGE agrees to log and maintain all times that vehicles are allotted to off-duty
work, whether actually used or parked, for each vehicle used by DEPUTIES on a
monthly basis. LGE shall provide such vehicle time records to COUNTY and
SHERIFF'S OFFICE no later than the end of each quarter (end of month for each
of the following: March, June, September, and December). COUNTY will
invoice based on the total usage and rate, as set forth in Paragraph 7, and LGE will
pay such invoice pursuant Chapter 2251 of the Texas Government Code ("Texas
Prompt Payment Act"). Reporting must be submitted to:
SHERIFF'S OFFICE: At the address set forth on the signature page below.
COUNTY: Williamson County Auditor's Office
Attn: Finance Director
710 Main Street. Suite 301
Georgetown. Texas 78626
9. LGE agrees that it shall pay deputies directly and file 1099 forms with the Internal
Revenue Service.
10. 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.
2
11. Nothing in this AGREEMENT shall be deemed to waive, modify or amend any
legal defense available at law or in equity to COUNTY, its past or present officers,
employees, or agents, nor to create any legal rights or claim on behalf of any third
party. COUNTY does not waive, modify, or alter to any extent whatsoever the
availability of the defense of governmental immunity under the laws of the State
of Texas and of the United. States.
LGE: /
Name of LGE:
Signature:
Printed Name: ta��l�l"�-N'z'a�1 e
Title:
Date: {�" 20
WILLIAMSON COUNTY SHERIFF'S OFFICE:
Williamson County Sheriff
Printed Name of Official:
Signature of Official: ,
Date: C711/ , 201 �V
Address of Office: '50% S . ko ck S�
r W �l�l¢aLo
WILLIAMSON COUNTY COMMISSIONERS COURT:
i
By:
qa A. Ga is,
Williamson County Judge &
Presiding Officer, Williamson County Commissioners Court
710 Main Street, Suite 105
Georgetown, Texas 78626
City of Round Rock
F
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider authorizing a Standard Agreement with Local Governmental
Entity Regarding Off -Duty Contracting of County Sheriff Deputies to work
the 2016 Outlaw 100 Cycling Tour.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 9/2/2016
Dept Director: Rick Atkins, Director
Cost: $1,000.00
Indexes: General Fund
Attachments: LAF Off Duty County Sheriff Deputies.pdf, Back-up Outlaw Trail Wilco Co.
Sheriff.pdf
Department: Parks and Recreation Department
Text of Legislative File CM -2016-1176
Consider authorizing a Standard Agreement with Local Governmental Entity Regarding
Off -Duty Contracting of County Sheriff Deputies to work the 2016 Outlaw 100 Cycling
Tour.
Request for approval allowing Williamson County Sheriffs Department to assist with
the Outlaw Trail 100 Cycling Tour in the capacity of traffic control on county roads
outside the city limits of Round Rock. This contract will be valid for 2016 and 2017
Outlaw Trail events.
The Outlaw Trail 100 Cycling Tour utilizes county roads in Williamson County. Due to
the high volume of traffic and cyclist that cross major intersections in the county, the
assistance of Williamson County Sheriffs Department is crucial.
$1000.00
General Fund
City of Round Rock Page 1 Printed on 91112016
Agenda Item Summary Continued (CM -2016.1176)
Department official recommends approval of this item.
City of Round Rock Page 2 Printed on 91112016