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R-07-12-20-9C1 - 12/20/2007 RESOLUTION NO. R-07-12-20-9C1 WHEREAS, Chapter 791 of the Texas Government Code, V.T. C.A. , authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement with the City of Georgetown for automatic aid assistance for fire department services, 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 said Interlocal Agreement, 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 20th day of December, 2007 . WELL, ayor City of Round Rock, Texas ATTEST: 43tU b-, (A, SARA L. WHITE, City Secretary 0:\wdox\RESOLUTI\R71220C1.WPD/rmc EXHIBIT � l'All THE STATE OF TEXAS § COUNTY OF WILLIAMSON § INTERLOCAL AGREEMENT FOR AUTOMATIC AID ASSISTANCE FOR FIRE DEPARTMENT SERVICES BETWEEN THE CITY OF ROUND ROCK AND THE CITY OF GEORGETOWN This Interlocal Agreement ("Agreement") is made and entered into by and between the CITY OF ROUND ROCK, TEXAS ("Round Rock"), a home rule municipal corporation of the State of Texas and the CITY OF GEORGETOWN ("Georgetown"), a home rule municipal corporation of the State of Texas. Round Rock and Georgetown are referred to collectively herein as "the Parties." WHEREAS, the Texas Interlocal Cooperation Act allows local governments to contract with one another to perform governmental functions and services; and WHEREAS, Round Rock and Georgetown mutually desire to be subject to the provisions of the Texas Government Code, Chapter 791, the Interlocal Cooperation Act, specifically Sections 791.011 and 791.028 regarding contracts to perform governmental functions and services; and WHEREAS, Round Rock's fire department currently responds to calls for assistance within the area shown on "Exhibit A" to this Agreement. Georgetown's fire department currently responds to calls for assistance within the area shown on "Exhibit B" to this Agreement. The areas shown on "Exhibits A & B" to this Agreement are the areas where the Parties intend to cooperate with each other in order to allow for faster response times in accordance with the terms of this Agreement; and WHEREAS, it is the desire of the City of Round Rock and City of Georgetown to join in this Agreement to improve the nature and coordination of dispatching and response to emergencies requiring a response from the Parties' respective fire departments in the areas shown on"Exhibits A & B"; and WHEREAS, the reciprocal operation of services would be mutually beneficial and not detrimental to the City of Round Rock; and WHEREAS, the reciprocal operation of services would be mutually beneficial and not detrimental to the City of Georgetown; and WHEREAS, the Parties intend that the automatic aid described in the Agreement is reciprocal. The Parties understand and agree that, although automatic aid does not ensure that a Party's community will receive the exact same amount of assistance as it gives, it does mean that the Parties will provide some assistance outside their Interlocal for Automatic Fire Department Aid Round Rock and Georgetown Page 1 of 7 jurisdictional boundaries and that the level of service delivered will be comparable to the level of service in the other areas served by the Parties; and WHEREAS, it is further the determination of each of the Parties hereto that the decision to enter into this Agreement constitutes a fundamental governmental policy of the parties hereto which is automatic in nature, and includes the determination of the proper use of resources available with respect to the providing of governmental services and the utilization of existing resources of each of the parties hereto, including the use of equipment and personnel. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. Description of the Automatic Aid Area. The area that is the subject of this Agreement is the areas shown on "Exhibits A & B" and referred to hereinafter as the "Automatic Aid Area." "Exhibits A & B" is attached hereto and incorporated herein by reference for all purposes. 2. Protocol for Responding to Calls for Fire Services in the Automatic Aid Area. The Parties agree that within the Automatic Aid Area the following standard service criteria shall be the primary response system protocol for assistance in responding to fires, medical emergencies, hazardous materials incidents, rescue and extrication situations, and other types of emergency incidents that are within the standard scope of services provided by the fire departments of the Parties: A. The Parties agree that when a call for assistance for an incident occurring within the Automatic Aid Area is received from the Dispatch/Communication Center, the Party having the closest, most appropriate emergency response unit will respond to the call as if it occurred in their own service area, provided that resources are then available for such response. If resources are not available to respond to the call, then the Party who cannot respond shall have the duty to immediately notify the other Party. B. The Parties will each use a standardized National Incident Management System (NIMS), and Minimum Company Standards (basic evolutions used in the fire service), for efficient management of the emergency and for the safety of firefighters through the use of standard terminology, reporting relationships, and support structures. C. Each Party shall each retain ownership of any equipment or property it brings to the performance of this Agreement and each Party shall retain ultimate control of its employees. D. The Parties agree that the "time of dispatch" shall be the point in time at which the Dispatch/Communication Center has notified a station or a responding unit if out of station of the call through the station alert system, radio, phone, or MDT/MCT. E. The Parties agree that "response time" shall be measured from the time of dispatch to time of arrival-on-scene. Interlocal for Automatic Fire Department Aid Round Rock and Georgetown Page 2 of 7 F. Except as otherwise specifically agreed to by both Parties for particular incidents, neither Party shall be reimbursed by the other Party for any costs incurred in responding to an emergency in the Mutual Aid Area. In the event of Declared Disasters, participants may apply for reimbursement from County, State, and Federal agencies. 3. Effect of this Agreement on Mutual Aid Agreements. Calls for service outside the boundaries of the Automatic Aid Area will be considered calls for mutual aid under the separate Mutual Aid Agreement between the Parties, under which Mutual Aid Agreement a response to a request for aid is at the sole discretion of the Party in whose jurisdiction the response is required. To the extent there is a conflict between this Agreement and any another Mutual Aid Agreement to which either Party may be subject, the provisions of those Mutual Aid Agreements shall be subordinate to this Agreement in the Automatic Aid Area. In addition, nothing in this Agreement shall limit the ability of either Party from agreeing to participate in more specific contracts or services, mutual assistance or automatic response, nor shall this prohibit any Party from providing emergency assistance to another jurisdiction which is not a participant in the Agreement. 4. Compatibility of Equipment. To ensure compatibility of equipment, the Parties shall work together to develop and maintain a mutually agreed upon inventory of equipment based upon minimum NFPA standards. The Parties agree that engines and ladders shall have a constant staffing level of at least three trained personnel at all times. 5. Joint Training. The Parties will work together to identify opportunities to participate in joint training, including entry-level training, mini-academies, refresher training and systems training. 6. Cooperative Procedures and Protocols. The Parties shall work together to develop mutually acceptable cooperative procedures and protocols, consistent with the terms of this Agreement, and with the NFPA and ISO recommendations. Such protocols shall include provisions for standardized response criteria, and may also include protocols regarding communications coordination, training, health and safety, fire prevention, public education, fire investigations, and other activities that will enhance the ability of the Parties' fire departments to fulfill their missions. 7. Liability. Pursuant to the requirements of Section 791.006 of the Texas Government Code, the Party that would have been responsible for furnishing services in the absence of this Agreement is responsible for any civil liability that arises from the furnishing of those services. 8. No Third Party Beneficiaries. No term or provision of this Agreement is intended to, or shall, create any rights in any person, firm, corporation, or other entity not a Interlocal for Automatic Fire Department Aid Round Rock and Georgetown Page 3 of 7 party hereto, and no such person or entity shall have any cause of action hereunder. 9. Term. This Automatic Aid Agreement shall commence upon signing by all parties and shall continue in force until terminated by formal act of the parties to this Agreement. 10. Termination. Either Party may terminate this Agreement by giving thirty (30) days notice in writing of intention to terminate to the other Party. 11. No Other Relationship. No term or provision in this Agreement is intended to create a partnership, joint venture, or agency arrangement between and of the parties. 12. Current Revenues. Each party, which performs services or furnishes aid pursuant to this Agreement, shall do so with funds available from current revenues of the party. No party shall have any liability for the failure to expend funds to provide aid hereunder. 13. No Waiver of Defenses. No party to this Agreement waives or relinquishes any immunity or defense on behalf of itself, its officers, employees, and agents as a result of the execution of this Agreement and the performance of the covenants contained within. 14. Five Year Review. This Agreement shall be reviewed by all parties every five years or as deemed necessary. 15. Amendment. This Agreement may be amended only by the mutual written consent of the parties. 16. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall lie exclusively in Williamson County. 17. Notices. All notices, demands and requests, including invoices which may be given or which are required to be given by either party to the other, and any exercise of a right of termination provided by this Agreement, shall be in writing and shall be deemed effective when: (i) personally delivered to the intended recipient; (ii) three (3) days after being sent, by certified or registered mail, return receipt requested, addressed to the intended recipient at the address specified below; (iii) delivered in person to the address set forth below for the party to whom the notice was given; (iv) deposited into the custody of a recognized overnight delivery service such as Federal Express Corporation, Emery, or Lone Star Overnight, addressed to such party at the address specified below; or (v) sent by facsimile, telegram or telex, provided that receipt for such facsimile, telegram or telex is verified by the sender and followed by a notice sent in accordance with Interlocal for Automatic Fire Department Aid Round Rock and Georgetown Page 4 of 7 one of the other provisions set forth above. For purposes of this Section, the addresses of the parties for all notices are as follows (unless changed by similar notice in writing given by the particular person whose address is to be changed): City of Round Rock City of Georgetown Attn: City Manager Attn: City Manager 221 East Main Street P.O. Box 409 Round Rock, Texas 78664 Georgetown, Texas 78627-0409 Phone: (512) 218-5565 Phone: (512) 930-3723 Fax: (512) 218-7041 Fax: (512) 930-3622 18. Notwithstanding any other provisions of this Agreement to the contrary, no failure, delay or default in performance of any obligation hereunder shall constitute an event of default or a breach of this Agreement, only to the extent that such failure to perform, delay or default arises out of causes beyond control and without the fault or negligence of the party otherwise chargeable with failure, delay or default; including but not limited to acts of God, acts of public enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters or other casualties, strikes or other labor troubles, which in any way restrict the performance under this Agreement by the parties. 19. Entire Agreement. This Agreement constitutes the entire agreement of the parties regarding the subject matter contained herein. The parties may not modify or amend this Agreement, except by written agreement approved by the governing bodies of each party and duly executed by both parties. 20. Approval. This Agreement has been duly and properly approved by each party's governing body and constitutes a binding obligation on each party. 21. Assignment. Except as otherwise provided in this Agreement, a party may not assign this Agreement or subcontract the performance of services without first obtaining the written consent of the other party. 22. Non-Appropriation And Fiscal Funding. The obligation of the parties under this Agreement do not constitute a general obligation or indebtedness of either party for which such party is obligated to levy, pledge, or collect any form of taxation and such obligations may be terminated at the end of a party's fiscal year if the governing body of such party does not appropriate sufficient funds to continue the services provided under this Agreement. 23. Non-Waiver. A party's failure or delay to exercise right or remedy does not constitute a waiver of the right or remedy. An exercise of a right or remedy under this Agreement does not preclude the exercise of another right or remedy. Rights and remedies under this Agreement are cumulative and are not exclusive of other rights or remedies provided by law. Interlocal for Automatic Fire Department Aid Round Rock and Georgetown Page 5 of 7 24. Paragraph Headings. The various paragraph headings are inserted for convenience of reference only, and shall not affect the meaning or interpretation of this Agreement or any section thereof. 25. Dispute Resolution. If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute by referring same to the City Managers of Round Rock and Georgetown. Round Rock and Georgetown 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. 26. Severability. The parties agree that in the event any provision of this Agreement is declared invalid by a court of competent jurisdiction that part of the Agreement is severable and the decree shall not affect the remainder of the Agreement. The reminder of the Agreement shall be in full force and effect. 27. Venue. The parties agree that all disputes that arise out of this Agreement are governed by the laws of the State of Texas and venue for all purposes herewith shall be in Williamson County, Texas. 28. Open Meetings. The parties hereby represent and affirm that this Agreement was adopted in an open meeting held in compliance with the Texas Open Meetings Act (Tex. Gov. Code, Ch. 551). 29. Counterparts. This Agreement may be executed in multiple counterparts, which taken together shall be considered one original. 30. Effective Date. This Agreement is made to be effective on the latest date accompanying the signature lines below. (signature and notary pages follow) Interlocal for Automatic Fire Department Aid Round Rock and Georgetown Page 6 of 7 APPROVED by the City Council for the City of Round Rock, Texas, in its meeting held on the day of the month of , 2007, and executed by its authorized representative. CITY OF ROUND ROCK, TEXAS By: NYLE MAXWELL, Mayor Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary APPROVED AS TO FORM: Stephan L. Sheets, Sheets & Crossfield, P.C. City Attorney for City of Round Rock APPROVED by the City of Georgetown, in its meeting held on the day of the month of , 2007, and executed by its authorized representative. CITY OF GEORGETOWN, TEXAS By: GARY NELON, Mayor Georgetown, Texas ATTEST: SANDRA D. LEE, City Secretary APPROVED AS TO FORM: Patricia E. Carls City Attorney for City of Georgetown Interlocal for Automatic Fire Department Aid Round Rock and Georgetown Page 7 of 7 / "'`ra i�,r�*�r+►��"*rte* ,y�� Ro GEORGETOWN AUTOMATIC AID - RQUWD RO Ti EX a +� d bra P .✓�. ���° �_,Y aay�t y� \` �$M (; wI`. to ",, \ `�� k �. \1 �, � °o,.e°. i yd. id ""�^'�° ��€f°A ✓w •�.y� .m...v �r 1� ,` 1 ` g � �.__`J '\a. ��.�.l r t aeaF✓ `o"' y� � �B r 4 add "Y °fes '3 � �....rs <'? )` i .:p {i ow .era« "' \,�1 \._— 11, �.4y-, i*'' �.,/_ �r�✓d w•'" � . .o.w fti..s.... y „��"'° '� S r..p .E.. .. v, ��'�%�. �� F✓ as .✓ ,,,w+' a C �,,,• / ,+,e,u„n.. I' s � •`r�:t '� d"� j iTl :aewa.i a.y of i �.i+ i� j uNE�: ♦ $.' �. G MMr p• ROUND ROCK AUTOMATIC AID TO GEORGETOWN o a � Nb. r/ k� 6 a i J 0 (moi y �}�,/� ✓ � gyp. J Y 9 4 J ,#, IN \ " 1 r wro � s Xj %usn4 \ �• J�. -' '. � � /,"o/'yP � , ..1� •.r•�Nv r'.M CM.wN11N / f DATE: December 13, 2007 SUBJECT: City Council Meeting - December 20, 2007 ITEM: 9C1. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement for automatic aid assistance for fire services with the City of Georgetown, Texas. Department: Fire Staff Person: Larry Hodge, Fire Chief Justification: Staff recommends the approval of this agreement between City of Round Rock, Texas and the City of Georgetown, Texas. This agreement will allow joint operation of fire services that would be mutually beneficial to both fire departments. In addition, this agreement explains to both parties what their responsibilities are for joint fire services and the response areas are outlined in "Exhibits A & B". Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: This agreement has been review by all parties concerned. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS THE STATE OF TEXAS § COUNTY OF WILLIAMSON § INTERLOCAL AGREEMENT FOR AUTOMATIC AID ASSISTANCE FOR FIRE DEPARTMENT SERVICES BETWEEN THE CITY OF ROUND ROCK AND THE CITY OF GEORGETOWN This Interlocal Agreement ("Agreement") is made and entered into by and between the CITY OF ROUND ROCK, TEXAS ("Round Rock"), a home rule municipal corporation of the State of Texas and the CITY OF GEORGETOWN ("Georgetown"), a home rule municipal corporation of the State of Texas. Round Rock and Georgetown are referred to collectively herein as "the Parties." WHEREAS, the Texas Interlocal Cooperation Act allows local governments to contract with one another to perform governmental functions and services; and WHEREAS, Round Rock and Georgetown mutually desire to be subject to the provisions of the Texas Government Code, Chapter 791, the Interlocal Cooperation Act, specifically Sections 791.011 and 791.028 regarding contracts to perform governmental functions and services; and WHEREAS, Round Rock's fire department currently responds to calls for assistance within the area shown on "Exhibit A" to this Agreement. Georgetown's fire department currently responds to calls for assistance within the area shown on "Exhibit B" to this Agreement. The areas shown on "Exhibits A & B" to this Agreement are the areas where the Parties intend to cooperate with each other in order to allow for faster response times in accordance with the terms of this Agreement; and WHEREAS, it is the desire of the City of Round Rock and City of Georgetown to join in this Agreement to improve the nature and coordination of dispatching and response to emergencies requiring a response from the Parties' respective fire departments in the areas shown on"Exhibits A &B"; and WHEREAS, the reciprocal operation of services would be mutually beneficial and not detrimental to the City of Round Rock; and WHEREAS, the reciprocal operation of services would be mutually beneficial and not detrimental to the City of Georgetown; and WHEREAS, the Parties intend that the automatic aid described in the Agreement is reciprocal. The Parties understand and agree that, although automatic aid does not ensure that a Party's community will receive the exact same amount of assistance as it gives, it does mean that the Parties will provide some assistance outside their Interlocal for Automatic Fire Department Aid Round Rock and Georgetown Page 1 of 7 jurisdictional boundaries and that the level of service delivered will be comparable to the level of service in the other areas served by the Parties; and WHEREAS, it is further the determination of each of the Parties hereto that the decision to enter into this Agreement constitutes a fundamental governmental policy of the parties hereto which is automatic in nature, and includes the determination of the proper use of resources available with respect to the providing of governmental services and the utilization of existing resources of each of the parties hereto, including the use of equipment and personnel. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. Description of the Automatic Aid Area. The area that is the subject of this Agreement is the areas shown on "Exhibits A & B" and referred to hereinafter as the "Automatic Aid Area." "Exhibits A & B" is attached hereto and incorporated herein by reference for all purposes. 2. Protocol for Responding to Calls for Fire Services in the Automatic Aid Area. The Parties agree that within the Automatic Aid Area the following standard service criteria shall be the primary response system protocol for assistance in responding to fires, medical emergencies, hazardous materials incidents, rescue and extrication situations, and other types of emergency incidents that are within the standard scope of services provided by the fire departments of the Parties: A. The Parties agree that when a call for assistance for an incident occurring within the Automatic Aid Area is received from the Dispatch/Communication Center, the Party having the closest, most appropriate emergency response unit will respond to the call as if it occurred in their own service area, provided that resources are then available for such response. If resources are not available to respond to the call, then the Party who cannot respond shall have the duty to immediately notify the other Party. B. The Parties will each use a standardized National Incident Management System (NIMS), and Minimum Company Standards (basic evolutions used in the fire service), for efficient management of the emergency and for the safety of firefighters through the use of standard terminology, reporting relationships, and support structures. C. Each Party shall each retain ownership of any equipment or property it brings to the performance of this Agreement and each Party shall retain ultimate control of its employees. D. The Parties agree that the "time of dispatch" shall be the point in time at which the Dispatch/Communication Center has notified a station or a responding unit if out of station of the call through the station alert system, radio, phone, or MDT/MCT. E. The Parties agree that "response time" shall be measured from the time of dispatch to time of arrival-on-scene. Interlocal for Automatic Fire Department Aid Round Rock and Georgetown Page 2 of 7 F. Except as otherwise specifically agreed to by both Parties for particular incidents, neither Party shall be reimbursed by the other Party for any costs incurred in responding to an emergency in the Mutual Aid Area. In the event of Declared Disasters, participants may apply for reimbursement from County, State, and Federal agencies. 3. Effect of this Agreement on Mutual Aid Agreements. Calls for service outside the boundaries of the Automatic Aid Area will be considered calls for mutual aid under the separate Mutual Aid Agreement between the Parties, under which Mutual Aid Agreement a response to a request for aid is at the sole discretion of the Party in whose jurisdiction the response is required. To the extent there is a conflict between this Agreement and any another Mutual Aid Agreement to which either Party may be subject, the provisions of those Mutual Aid Agreements shall be subordinate to this Agreement in the Automatic Aid Area. In addition, nothing in this Agreement shall limit the ability of either Party from agreeing to participate in more specific contracts or services, mutual assistance or automatic response, nor shall this prohibit any Party from providing emergency assistance to another jurisdiction which is not a participant in the Agreement. 4. Compatibility of Equi ment. To ensure compatibility of equipment, the Parties shall work together to develop and maintain a mutually agreed upon inventory of equipment based upon minimum NFPA standards. The Parties agree that engines and ladders shall have a constant staffing level of at least three trained personnel at all times. 5. Joint Training. The Parties will work together to identify opportunities to participate in joint training, including entry-level training, mini-academies, refresher training and systems training. 6. Cooperative Procedures and Protocols. The Parties shall work together to develop mutually acceptable cooperative procedures and protocols, consistent with the terms of this Agreement, and with the NFPA and ISO recommendations. Such protocols shall include provisions for standardized response criteria, and may also include protocols regarding communications coordination, training, health and safety, fire prevention, public education, fire investigations, and other activities that will enhance the ability of the Parties' fire departments to fulfill their missions. 7. Liability. Pursuant to the requirements of Section 791.006 of the Texas Government Code, the Party that would have been responsible for furnishing services in the absence of this Agreement is responsible for any civil liability that arises from the furnishing of those services. 8. No Third Party Beneficiaries. No term or provision of this Agreement is intended to, or shall, create any rights in any person, firm, corporation, or other entity not a Interlocal for Automatic Fire Department Aid Round Rock and Georgetown Page 3 of 7 party hereto, and no such person or entity shall have any cause of action hereunder. 9. Term. This Automatic Aid Agreement shall commence upon signing by all parties and shall continue in force until terminated by formal act of the parties to this Agreement. 10. Termination. Either Party may terminate this Agreement by giving thirty (30) days notice in writing of intention to terminate to the other Party. 11. No Other Relationship. No term or provision in this Agreement is intended to create a partnership, joint venture, or agency arrangement between and of the parties. 12. Current Revenues. Each party, which performs services or furnishes aid pursuant to this Agreement, shall do so with funds available from current revenues of the party. No party shall have any liability for the failure to expend funds to provide aid hereunder. 13. No Waiver of Defenses. No party to this Agreement waives or relinquishes any immunity or defense on behalf of itself, its officers, employees, and agents as a result of the execution of this Agreement and the performance of the covenants contained within. 14. Five Year Review. This Agreement shall be reviewed by all parties every five years or as deemed necessary. 15. Amendment. This Agreement may be amended only by the mutual written consent of the parties. 16. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall lie exclusively in Williamson County. 17. Notices. All notices, demands and requests, including invoices which may be given or which are required to be given by either party to the other, and any exercise of a right of termination provided by this Agreement, shall be in writing and shall be deemed effective when: (i) personally delivered to the intended recipient; (ii) three (3) days after being sent, by certified or registered mail, return receipt requested, addressed to the intended recipient at the address specified below; (iii) delivered in person to the address set forth below for the party to whom the notice was given; (iv) deposited into the custody of a recognized overnight delivery service such as Federal Express Corporation, Emery, or Lone Star Overnight, addressed to such party at the address specified below; or (v) sent by facsimile, telegram or telex, provided that receipt for such facsimile, telegram or telex is verified by the sender and followed by a notice sent in accordance with Interlocal for Automatic Fire Department Aid Round Rock and Georgetown Page 4 of 7 one of the other provisions set forth above. For purposes of this Section, the addresses of the parties for all notices are as follows (unless changed by similar notice in writing given by the particular person whose address is to be changed): City of Round Rock City of Georgetown Attn: City Manager Attn: City Manager 221 East Main Street P.O. Box 409 Round Rock, Texas 78664 Georgetown, Texas 78627-0409 Phone: (512) 218-5565 Phone: (512) 930-3723 Fax: (512) 218-7041 Fax: (512) 930-3622 18. Notwithstanding any other provisions of this Agreement to the contrary, no failure, delay or default in performance of any obligation hereunder shall constitute an event of default or a breach of this Agreement, only to the extent that such failure to perform, delay or default arises out of causes beyond control and without the fault or negligence of the party otherwise chargeable with failure, delay or default; including but not limited to acts of God, acts of public enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters or other casualties, strikes or other labor troubles, which in any way restrict the performance under this Agreement by the parties. 19. Entire Agreement. This Agreement constitutes the entire agreement of the parties regarding the subject matter contained herein. The parties may not modify or amend this Agreement, except by written agreement approved by the governing bodies of each party and duly executed by both parties. 20. Approval. This Agreement has been duly and properly approved by each party's governing body and constitutes a binding obligation on each party. 21. Assignment. Except as otherwise provided in this Agreement, a party may not assign this Agreement or subcontract the performance of services without first obtaining the written consent of the other party. 22. Non-Appropriation And Fiscal Funding. The obligation of the parties under this Agreement do not constitute a general obligation or indebtedness of either party for which such party is obligated to levy, pledge, or collect any form of taxation and such obligations may be terminated at the end of a party's fiscal year if the governing body of such party does not appropriate sufficient funds to continue the services provided under this Agreement. 23. Non-Waiver. A party's failure or delay to exercise right or remedy does not constitute a waiver of the right or remedy. An exercise of a right or remedy under this Agreement does not preclude the exercise of another right or remedy. Rights and remedies under this Agreement are cumulative and are not exclusive of other rights or remedies provided by law. Interlocal for Automatic Fire Department Aid Round Rock and Georgetown Page 5 of 7 24. Paragraph Headings. The various paragraph headings are inserted for convenience of reference only, and shall not affect the meaning or interpretation of this Agreement or any section thereof. 25. Dispute Resolution. If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute by referring same to the City Managers of Round Rock and Georgetown. Round Rock and Georgetown 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. 26. Severability. The parties agree that in the event any provision of this Agreement is declared invalid by a court of competent jurisdiction that part of the Agreement is severable and the decree shall not affect the remainder of the Agreement. The reminder of the Agreement shall be in full force and effect. 27. Venue. The parties agree that all disputes that arise out of this Agreement are governed by the laws of the State of Texas and venue for all purposes herewith shall be in Williamson County, Texas. 28. Open Meetings. The parties hereby represent and affirm that this Agreement was adopted in an open meeting held in compliance with the Texas Open Meetings Act (Tex. Gov. Code, Ch. 551). 29. Counterparts. This Agreement may be executed in multiple counterparts, which taken together shall be considered one original. 30. Effective Date. This Agreement is made to be effective on the latest date accompanying the signature lines below. (signature and notary pages follow) Interlocal for Automatic Fire Department Aid Round Rock and Georgetown Page 6 of 7 APPROVED by the City Council for the City of Round Rock, Texas, in its meeting held on the2Q1"- day of the month of tV-CE4)A:�-'y' , 2007, and executed by its authorized representative. CITY OF ROUND ROCK, TEXAS By: o<Z;ZMA5ZWELL, Mayor Round Rock, Texas ATTEST: --e____ ;—, City Secretary %VU L • V\1W4-e. APP O ED AS TO RM: to ) Stephan L Sheets, Sheets & Crossfield, P.C. City Attorney for City of Round Rock APPROV D by the City of Georgetown, in its meeting held on the t"/'u' day of the month of , 2007, and executed by its authorized representative. CITY OF GEORGETOWN, TEXAS r. By.: G NELON, Mayor Georgetown, Texas ATTEST• SANDRA D. LEE, City Secretary APPROVED AS TO FORM: r' Patricia E. Carls City Attorney for City of Georgetown Interlocal for Automatic Fire Department Aid Round Rock and Georgetown Page 7 of 7 1 ...... VON \\ \ Nam Bio :`\\`•\ \ `` \ \ 'L z ♦ i uj din W LU1` J ROUND ROCK AUTOMATIC AIC TO GEORGETOWN t - lii� ( Prr. t -4- S� i �q \ IV1 y