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R-09-09-10-10C1 - 9/10/2009RESOLUTION NO. R -09-09-10-10C1 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 Williamson County for use of property located at 210 Round Rock Avenue for activities related to the Round Rock Neighborhood Conference Committee, 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 an Interlocal Agreement with Williamson County For Use of Property For Neighborhood Conference Committee, 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 10th day of September, 2009. ATTEST: SARA L. WHITE, City Secretary 0:\wdox\SCC1nts\0112\0905\muNICIPAL\R90910C1.DOC/rmc yh ALAN MCGRAW, Mayor City of Round Rock, Texas INTERLOCAL AGREEMENT BETWEEN THE CITY OF ROUND ROCK, TEXAS AND WILLIAMSON COUNTY FOR FOR USE OF PROPERTY FOR NEIGHBORHOOD CONFERENCE COMMITTEE This Interlocal Agreement (hereinafter referred to as the "Agreement") is made and entered into by and between the CITY OF ROUND ROCK, TEXAS (hereinafter referred to as the "City"), a home -rule municipal corporation of the State of Texas, and WILLIAMSON COUNTY (hereinafter referred to as the "County"), a political subdivision of the State of Texas. City and County are herein referred to as the "Parties." WHEREAS, Texas Government Code, Chapter 791, Texas Interlocal Cooperation Act, allows these entities to contract with one another to perform governmental functions and services; and WHEREAS, the Parties desire to contract with each other for the use of certain real property related to the establishment, maintenance, and operation of the Round Rock Neighborhood Conference Committee(NCC); and WHEREAS, the Parties hereby make a determination that entering into this Agreement would be mutually beneficial and not detrimental to the Parties; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. AUTHORITY This Agreement is entered into by and between the Parties pursuant to the authority contained in Texas Government Code, Chapter 791, Texas Interlocal Cooperation Act. The provisions of Chapter 791 of the Government Code are incorporated into this Agreement, and this Agreement shall be interpreted in accordance with the Act. 2. PURPOSE 2.1 The Parties recognize the importance and need for a program to assist all students in closing achievement gaps through truancy prevention initiatives, student mentoring and parental support activities conducted by the NCC. 2.2 The purpose of this Agreement is to provide for the use of certain real property as a facility where activities related to the NCC can be conducted. 70047.doc/jmr EXHIBIT "A" 3. TERM 3.1 The initial term of this Agreement shall be for twenty-four (24) months from the effective date hereof. After that initial term, this Agreement may be renewed for successive terms of twelve (12) months each with such renewals to occur on or before the expiration date of the preceding term, and with such renewals being absolutely predicated upon the express written agreement of the Parties. Such renewals are permitted only provided the County has performed each and every contractual obligation specified in this Agreement. 3.2 It is understood and expressly acknowledged by the Parties that this Subsection 3.1 is subject to the provisions for early termination contained in Section 7 herein, and that this Agreement may be terminated for cause or convenience by either of the Parties in accordance with Section 7 herein, and that such termination may be effected at any time during the initial term or any successive renewal terms. 4. OBLIGATIONS OF CITY 4.1 The City shall allow the County to use the real property located at 210 Round Rock Avenue, Round Rock, Texas 78664 (the "Facility") for the conduct of activities related to the NCC program. 4.2 The City shall have no obligation to maintain the facility, pay for utilities or take any action to conform the facility to applicable Federal and State regulations, including but not limited to the Americans with Disabilities Act ("ADA") 5. OBLIGATIONS OF COUNTY 5.1 County shall conform to all requirements of the City of Round Rock Code of Ordinances, as currently existing and as may be amended in future, relating to the use, operation and maintenance of the Facility. 5.2 County shall be responsible for payment of all water and utilities charges associated with the NCC program. 5.3 County shall be responsible for all furnishings, equipment and maintenance of the Facility, including, but not limited to, ensuring compliance with all applicable local, Federal and State regulations, including, but not limited to, the ADA. 5.4 If this Agreement is terminated by City for cause or convenience under the provisions of Section 7 herein, then County shall immediately restore the Facility to the condition that it existed in just prior to execution of this Agreement. 6. LIABILITY 6.1 The Parties expressly agree that nothing in this Agreement adds to or changes the liability limits and immunities for a governmental unit provided by the Texas Tort Claims Act, Chapter 101, Civil Practice and Remedies Code, or other law. The Parties expressly 2 agree that, in the execution of this Agreement, neither Party 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 its powers or functions or pursuant to the Texas Tort Claims Act or other applicable statutes, laws, rules, or regulations. 7. TERMINATION AND SUSPENSION 7.1 City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30) days' written notice to County. 7.2 In the event of any default or breach by County, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to County. 7.3 County has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30) days' written notice to City. 8. NOTICE 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 sent, by certified or registered mail, return receipt requested, addressed to the intended recipient at the address specified below: City of Round Rock Attention: City Manager Round Rock City Hall 231 East Main Street Round Rock, TX 78664 and to: Attention: City Attorney Sheets & Crossfield, P.C. 309 East Main Street Round Rock, TX 78664 Williamson County Attention: Williamson County Judge Dan A. Gattis 710 Main Street, Suite 101 Georgetown, Texas 78626 3 9. DISPUTE RESOLUTION 9.1 If a dispute or claim arises under this Agreement, the Parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each Party's senior management. If the Parties cannot reach a mutually satisfactory resolution, then any such dispute or claim will be sought to be resolved with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City and County shall each select a mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the Parties. 9.2 City and County 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. 10. MISCELLANEOUS PROVISIONS 10.1 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 party hereto, and no such person or entity shall have any cause of action hereunder. 10.2 No Other Relationship. No term or provision in this Agreement is intended to create a partnership, joint venture, or agency arrangement between the Parties. 10.3 Current Revenues. Pursuant to Section 791.011(d)(3) of the Texas Government Code, each Party performing services or furnishing services pursuant to this Agreement shall do so with funds available from current revenues of the Party. 10.4 Amendment. Amendment of this Agreement may only be by mutual written consent of the Parties. 10.5 Governing Law and Venue. The Parties agree that this Agreement and all disputes arising thereunder shall be governed by the laws of the State of Texas, and that exclusive venue for any action arising under this Agreement shall be in Williamson County, Texas. 10.6 Force Majeure. 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 if such failure to perform, delay or default arises out of causes beyond the 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. 4 10.7 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. 10.8 Approval. This Agreement has been duly and properly approved by each Party's governing body and constitutes a binding obligation on each Party. 10.9 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. 10.10 Non -Appropriation and Fiscal Funding. The obligations 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. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate sufficient funds as determined by City's budget for the fiscal year in question. City may effect such termination by giving County written notice of termination at the end of its then -current fiscal year. 10.11 Non -Waiver. A Party's failure or delay to exercise a 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. 10.12 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. 10.13 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 remainder of the Agreement shall be and continue in full force and effect. 10.14 Open Meetings Act. 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), as amended. 10.15 Counterparts. This Agreement may be executed in multiple counterparts which, when taken together, shall be considered as one original. 10.16 Effective Date. This Agreement is made to be effective on the latest date accompanying the signatures below. 5 APPROVED by the City Council, City of Round Rock, Texas, in its meeting held on the day of , 2009, and executed by its authorized representative. CITY OF ROUND ROCK, TEXAS By: Alan McGraw, Mayor Date Signed: ATTEST: Sara L. White, City Secretary FOR CITY, APPROVED AS TO FORM: Stephan L. Sheets, City Attorney APPROVED by the Commissioners Court of Williamson County in its meeting held on the day of , 2009, and executed by its authorized representative. WILLIAMSON COUNTY By: Dan A. Gattis, County Judge Date Signed: ATTEST: County Secretary FOR COUNTY, APPROVED AS TO FORM: County Attorney 6 DATE: September 3, 2009 SUBJECT: City Council Meeting — September 10, 2009 ITEM: 10C1. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with Williamson County for use of property for the Neighborhood Conference Committee. Department: Staff Person: Justification: Administration Jim Nuse, City Manager This item is an Interlocal Agreement between the City and Williamson County and will allow Williamson County to use city property located at 210 Round Rock Avenue to conduct activities related to the Neighborhood Conference Committee (NCC) program. This program will assist all students in closing achievement gaps through truancy prevention initiatives, student mentoring and parental support. The initial term of the agreement will be for 24 months from the effective date and it may be renewed for successive terms of 12 months each. The City will have no obligation to maintain the facility, pay for utilities or take any action to conform the facility to meet Federal and State regulations. There is no cost to the City for this ILA and Williamson County will be responsible for incurring any costs related to the NCC program. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: Public Comment: N/A EXECUTED DOCUMENTS FOLLOW INTERLOCAL AGREEMENT BETWEEN THE CITY OF ROUND ROCK, TEXAS AND WILLIAMSON COUNTY FOR FOR USE OF PROPERTY FOR NEIGHBORHOOD CONFERENCE COMMITTED This Interlocal Agreement (hereinafter refected to as the "Agreement") is made and entered into by and between the CITY OF ROUND ROCK, TEXAS (hereinafter referred to as the "City"), a home -rule municipal corporation of the State of Texas, and WILLIAMSON COUNTY (hereinafter referred to as the "County"), a political subdivision of the State of Texas. City and County are herein referred to as the "Parties." WHEREAS, Texas Government Code, Chapter 791, Texas Interlocal Cooperation Act, allows these entities to contract with one another to perform governmental functions and services; and WHEREAS, the Parties desire to contract with each other for the use of certain real property related to the establishment, maintenance, and operation of the Round Rock Neighborhood Conference Committee(NCC); and WHEREAS, the Parties hereby make a determination that entering into this Agreement would be mutually beneficial and not detrimental to the Parties; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. AUTHORITY This Agreement is entered into by and between the Parties pursuant to the authority contained in Texas Government Code, Chapter 791, Texas Interlocal Cooperation Act. The provisions of Chapter 791 of' the Government Code are incorporated into this Agreement, and this Agreement shall be interpreted in accordance with the Act. 2. PURPOSE 2.1 The Parties recognize the importance and need for a program to assist all students in closing achievement gaps through truancy prevention initiatives, student mentoring and parental support activities conducted by the NCC. 2.2 The purpose of this Agreement is to provide for the use of certain real property as a facility where activities related to the NCC can be conducted. 170047.630w R. -01 -M -c) -(O0( 3. TERM 3.1 The initial term of this Agreement shall be for twenty-four (24) months from the effective date hereof. After that initial term, this Agreement may be renewed for successive terms of twelve (12) months each with such renewals to occur on or before the expiration date of the preceding term, and with such renewals being absolutely predicated upon the express written agreement of the Parties. Such renewals are permitted only provided the County bas performed each and every contractual obligation specified in this Agreement. 3.2 It is understood and expressly adcnowledged by the Parties that this Subsection 3.1 is subject to the provisions for early termination contained in Section 7 herein, and that this Agreement may be terminated for cause or convenience by either of the Parties in accordance with Section 7 herein, and that such termination may be effected at any time during the initial term or any successive renewal terms. 4. OBLIGATIONS OF CITY 4.1 The City shall allow the County to use the real property located at 210 Round Rock Avenue, Round Rock, Texas 78664 (the "Facility') for the conduct of activities related to the NCC program. 4.2 The City shall have no obligation to maintain the facility, pay for utilities or take any action to conform the facility to applicable Federal and State regulations, including but not limited to the Americans with Disabilities Act ("ADA") 5. OBLIGATIONS OF COUNTY 5.1 County shall conform to all requirements of the City of Round Rock Code of Ordinances, u currently existing and as may be amended in future, relating to the use, operation and maintenance of the Facility. 5.2 County shall be responsible for payment of all water and utilities charges associated with the NCC program. 5.3 County shall be responsible for all furnishings, equipment and maintenance of the Facility, including but not limited to, ensuring compliance with all applicable local, Federal and State regulations, including, but not limited to, the ADA. SA If this Agreement is terminated by City for cause or convenience under the provisions of Section 7 herein, then County shall immediately restore the Facility to the. condition that it existed in just prior to exaction of this Agreement. 6. LIABILITY 6.1 The Parties expressly agree that nothing in this Agreement adds to or changes the liability limits and immunities for a governmental unit provided by the Texas Tort Claims Act, Chapter 101, Civil Practice and Remedies Code, or other law. The Parties expressly 2 agree that, in the execution of this Agreement, neither Party 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 its powers or functions or pursuant to the Texas Tort Claims Act or other applicable statutes, laws, rules, or regulations. 7. TERMINATION AND SUSPENSION 7.1 City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30) days' written notice to County. 7.2 In the event of any default or breach by County, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to County. 7.3 County has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30) days' written notice to City. 8. NOTICE 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 sent, by certified or registered mail, return receipt requested, addressed to the intended recipient at the address specified below: City of Round Rock Attention: City Manager Round Rock City Hall 231 East Main Street Round Rock, TX 78664 and to: Attention: City Attorney Sheets & Crossfield, P.C. 309 East Main Street Round Rock, DC 78664 Williamson County Attention: Williamson County Judge Dan A. Gattis 710 Main Street, Suite 101 Georgetown, Texas 78626 3 9. DISPUTE RESOLUTION 9.1 If a dispute or claim arises under this Agreement, the Parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each Party's senior management. If the Parties cannot reach a mutually satisfactory resolution, then any such dispute or claim will be sought to be resolved with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City and County shall each select a mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the Parties. 9.2 City and County 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. 10. MISCELLANEOUS PROVISIONS 10.1 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 party hereto, and no such person or entity shall have any cause of action hereunder. 10.2 No Other Relationship. No term or provision in this Agreement is intended to create a partnership, joint venture, or agency arrangement between the Parties. 10.3 Current Revenues. Pursuant to Section 791.011(dx3) of the Texas Government Code, each Party performing services or furnishing services pursuant to this Agreement shall do so with fiends available from current revenues of the Party. 10.4 Amendment. Amendment of this Agreement may only be by mutual written consent of the Parties. 10.5 Governing Law and Venue. The Parties agree that this Agreement and all disputes arising thereunder shall be governed by the laws of the State of Texas, and that exclusive venue for any action arising under this Agreement shall be in Williamson County, Texas. 10.6 Force Majeure. 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 if such failure to perform, delay or default arises out of causes beyond the control and without the fault or negligence of the Party otherwise chargeable with failure, delay or default; including but not limited to acts of Gal, 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. 4 10.7 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. 10.8 Approval. This Agreement has been duly and properly approved by each Party's governing body and constitutes a binding obligation on each Party. 10.9 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. 10.10 Non -Appropriation and Fiscal Funding. The obligations 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. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate sufficient fluids as determined by City's budget for the fiscal year in question. City may effect such termination by giving County written notice of tenuination at the end of its then -current fiscal year. 10.11 Non -Waiver. A Party's failure or delay to exercise a 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. 10.12 paragraph Hing®. 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. 10.13 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 remainder of the Agreement shall be and continue in full force and effect. 10.14 Ones Meetipss Act, The Parties hereby represent and affirm that this Agreement was adopted in en open meeting held in compliance with the Texas Open Meetings Act (Tex. Gov. Code, Ch. 551), as amended. 10.15 Counterparts. This Agreement may be executed in multiple counterparts which, when taken together, shall be considered as one original. 10.16 Effective Date. This Agreement is made to be effective on the latest date accompanying the signatures below. 5 APPROVED by the City Council, City of Round Rock, Texas, in its meeting held on the WI' day ofz,'1nA+eY" , 2009, and executed by its authorized representative. CITY OF ROUND ROCK, TEXAS By: )11 Alan McGraw, Mayor Date Signed: Gl • (0.01 ATTEST: Sara L. White, City Secretary FO TY, APPROaVED AS TO FORM: L. Sheets, City Attorney APPROVED by the Commissioners Court of Williamson County in its meeting held on the day of , 2009, and executed by its authorized representative. WILLIAMSON COUNTY By: �% Dan A. Gattis, County Judge Date Signed: y 1- ./ ATTEST: County Cjcr\s FOR COUNTY, APPROVED AS TO FORM: County Attorney 6