|
<br />City of San Marcos, Texas does not appropriate funds to continue the
<br />Swat Team's operations in any subsequent fiscal year.
<br />
<br />9. STATUS OF PERSONNEL ASSIGNED TO THE TASK FORCE
<br />a. Each entity shall be solely responsible for the conduct, alleged misconduct,
<br />training, supervision discipline and control of the personnel it assigns to the
<br />Swat Team while engaged in task force activities.
<br />b. Each entity shall be solely responsible for the wages, salaries, pension,
<br />compensation, injury or death benefits, workers compensation benefits,
<br />equipment, clothing, medical expenses, vehicles, travel, food and lodging of
<br />the personnel it assigns to the Swat Team.
<br />c. If any person assigned to perform Swat Team activities is cited as a party
<br />to any civil lawsuit, state or federal, arising out of such activities, the person
<br />shall be entitled only to the benefits, if any, provided by the entity which
<br />employs that person.
<br />
<br />10. INDEMNITY:
<br />a. To THE EXTENT ALLOWED BY LAW, UNDER APPLICABLE LAW OF THE CITY
<br />OF SAN MARCOS AGREES TO HOLD HARMLESS, INDEMNIFY, AND DEFEND
<br />HAYS COUNTY AND ITS EMPLOYEES, AGENTS, OFFICERS, AND SERVANTS
<br />FROM ANY AND ALL LAWSUITS, CLAIMS, DEMANDS, AND CAUSES OF ACTION
<br />OF ANY KIND ARISING FROM THE NEGLIGENT OR INTENTIONAL ACTS,
<br />ERRORS, OR OMISSIONS OF THE CITY, ITS OFFICERS, EMPLOYEES, OR AGENTS
<br />WITH RESPECT TO ACTIONS TAKEN UNDER THIS AGREEMENT.
<br />b. To THE EXTENT ALLOWED BY LAW, HAYS COUNTY AGREES TO HOLD
<br />HARMLESS, INDEMNIFY, AND DEFEND THE CITY OF SAN MARCOS AND ITS
<br />EMPLOYEES, AGENTS, OFFICERS, AND SERVANTS FROM ANY AND ALL
<br />LAWSUITS, CLAIMS, DEMANDS, AND CAUSES OF ACTION OF ANY KIND
<br />ARISING FROM THE NEGLIGENT OR INTENTIONAL ACTS, ERRORS OR
<br />OMISSIONS OF THE COUNTY, ITS OFFICERS, EMPLOYEES, OR AGENTS WITH
<br />RESPECT TO ACTIONS TAKEN UNDER THIS AGREEMENT.
<br />
<br />11. TERM AND TERMINATION:
<br />a. All other Interlocal Agreements for the creation and operation of a joint
<br />Hays County SWAT Team between the parties to this Agreement that
<br />were created prior to the Effective Date of this Agreement, if any, are
<br />hereby revoked and voluntarily terminated by the parties to this
<br />Agreement.
<br />b. Subject to the availability of funding as set forth above in Section 8(b),
<br />this agreement shall remain in force and effect for annual periods effective
<br />each October 1 st , unless either party gives the other party written notice of
<br />its intention to terminate this Agreement at least thirty (30) days in
<br />advance of an anniversary of that date.
<br />c. Upon any termination of this Agreement, each item of equipment
<br />purchased for the SWAT Team will be kept and maintained by the agency
<br />that originally purchased that equipment.
<br />
|