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Contract - Williamson County - 3/8/2018 INTERLOCAL AGREEMENT BETWEEN WILLIAMSON COUNTY AND THE CITY OF ROUND ROCK, TEXAS FOR THE ESTABLISHMENT OF MOBILE OUTREACH TEAM SERVICES AND PERSONNEL HOUSING AT ROUND ROCK FIRE STATIONS THIS INTERLOCAL AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between the undersigned Local Governments of the Stat of Texas, namely Williamson County, a political subdivision of the State of Texas (the "County"), and the City of Round Rock, Texas a home rule municipal cooperation(the "City"), both acting by and through their duly authorized representatives, pursuant to the provision of the Interlocal Cooperation Act, Texas Government Code, Section 791 et seq. The County and the City are referred to collectively herein as the "Parties," of individually as a"Party." WITNESSETH: WHEREAS,this Agreement is authorized by Chapter 791 of the Texas Government Code; and WHEREAS, the Parties are local government as that term is defined in Section 791.011 of the Texas Government Code; and WHEREAS,the Parties find that this Agreement is necessary for the benefit of the public;that each Party has the legal authority to perform and to provide the governmental function or service which is the subject matter for this Agreement; that any division of cost fairly compensates the performing Party for services performed under this Agreement; and the performance of this Agreement is in the common interest of both Parties; and WHEREAS,the County desires to house MOT (Mobile Outreach Team) and MM (Medical and Mental Health) crews at certain Round Rock Fire Stations, specifically, Fire Station 4, located at 1301 Double Creek Drive (the "Stations") while such crews are not actively responding to calls for service; and WHEREAS, the City currently has available an area at the Stations to serve the housing need of County MOT/MM crews; and WHEREAS,the City is willing to provide an area at the Stations to the County as set forth herein and the County desires to occupy such area at the Stations for the purposes set forth herein; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the undersigned Parties agree as follows: TERMS AND CONDITIONS A. Primary Obligation of Round Rock. The City agrees to provide the County with the following: 1. Three or more parking spaces at the Station for MOT vehicles; 2. The use two rooms/offices and the sole use of one room with a locking door for patient records and storage for medical supplies; and Page 1 of 6 Interlocal Agreement �7Wi�lliamson County and Round Rock Fire Department �L./ !/V tt �Z , 3. Shared use of one additional office or room on as needed basis and the reasonable usage of the shared facilities in the Station, which shall include but not be limited to the dining area, day room(s), kitchen, laundry, supply closets, restrooms (bath/showers and toilets) as well as all amenities within the Stations. The City agrees to provide the County with the enjoyment and peaceful possession of the above-described areas during the term of this Agreement. In the event the above- described areas are not available in each of the Stations,the City and County may agree upon alternative areas acceptable to both Parties. B. Consideration. The County agrees to provide improvement to the areas identified above to be solely occupied by the County's MOT crew and to prepare the solely occupied spaces for move-in by the County MOT crews. C. Term. This Agreement shall be effective upon the approval of the governing bodies of County and City, signed by the authorized individuals ("Effective Date"), and shall continue in force for five (5) years or until such times as either Party terminates the Agreement as provided herein. D. Removal of County's Improvements. Upon the termination of this Agreement, County shall remove its person property and may remove any of the improvements that the County made to the Stations, so long as the removal of such improvements does not unreasonably damage the Stations. In the event any damage is caused during the removal of such improvements, the County shall be obligated to repair or cause to be repaired any damage resulting from the removal of its improvements, normal wear and tear expected. E. Condition of the Stations. The County shall not be responsible for maintaining and/or repairing, the Stations' roof, foundation, parking, grounds, common areas, the structural soundness of the exterior walls, building exterior, electrical systems, plumbing systems, HVAC system and all amenities with the Stations. The County shall be responsible for keeping the areas solely used by the County's MOT crew in a clean and neat condition. The County and City shall work in cooperation with one another in keeping the commonly used areas clean and neat. F. Use of Premises. The County may only use the designated areas of the Stations for the express purposes set forth herein. Use of the Stations for any other purpose, shall require the written consent of the City. The County shall not make any alterations, additions, improvement, to the Stations without the written consent of the City. This includes the installation of any equipment. The County shall permit the City to enter, inspect, and make such repairs to its designated areas of the Stations as often as the City reasonably desires at any reasonable time. The County agrees that it is solely responsible for making, at its sole cost, any alterations, additions, or improvement that are mandated by any and all state, federal and local accessibility legal requirements and that become necessary due solely to the County's use of the Stations ("accessibility alterations"). In the event any alterations, additions, or improvement in the or to the Stations are made necessary by reason of the special use and occupancy by County and, provided that the Page 2 of 6 Interlocal Agreement Williamson County and Round Rock Fire Department City grants its prior written permission to County regarding such alterations, additions, and improvement in or to the Stations at its own expense and in compliance with all building codes, ordinances, and governmental regulations pertaining to such work, use, or occupancy. G. Utilities and Service. The City shall provide and maintain, at its sole cost, the mains, conduits and other facilities necessary to dispose of garbage, water, gas electricity, telephone, cable internet services and sewage service to the Stations. If any of the equipment or machinery necessary of useful for the provision of any of the above services breaks down or for any cause ceases to function properly, the City shall use reasonable diligence to repair the same promptly. If any of the area solely occupied by a County's MOT crew is in need of maintenance or repairs as solely determined by the City, The County shall be financially responsible for any maintenance and/or repairs other than the above described services. H. Use of Additional Fire Stations. The County and City may mutually agree to allow County MOT crews to house in additional Round Rock Fire Station not described herein, without the consent of the Parties governing bodies,provided the Parties abide by the terms of this Agreement for any and all additional Fire Stations. I. Damage or Injury. The City and the County agree that if either Party is solely negligent in causing real or personal property damage or personal injury to the other that such responsible Party shall pay for the actual cost and expenses incurred for such damage or injury to the extent permitted by law. J. Default. Either Party's failure to comply with any provision of this Agreement shall be considered a default. In the event that either Party defaults under this Agreement, the non-defaulting Party shall give the defaulting Party written notice specifying such default. If the defaulting Party has not cured such default within thirty (30) days after its receipt of such written notice, or, if the default cannot with due diligence be cured within a 30-day period, and the defaulting Party has not commenced and proceeded diligently to cure such default, then the non-defaulting Party may terminate this Agreement. It is not a waiver of default if the non-defaulting Party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this Agreement does not preclude pursuit of other remedies that may be available in this Agreement and/under the law. The Parties have a duty to mitigate damages. II. GENERAL PROVISIONS A. Payments. Any payment made by a Party pursuant to this Agreement shall be made out of current revenues available to said Party as required by the Interlocal Cooperation Act. The County and Round Rock agree that there will be no monthly rental cost associated with this Agreement. B. Approval by Governing Bodies. This Agreement has been approved by the governing bodies of Williamson County and of the City of Round Rock. Page 3 of 6 Interlocal Agreement Williamson County and Round Rock Fire Department C. Tax Exempt. The County and the City are bodies corporate and politic under the law of the State of Texas and claim exemption for sales and use taxes under the Texas Tax Code Ann. 151.309, as amended, and the services subject hereof are being secured for use by County. Exemption certificates will be provided upon request. D. Severability. If a provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, but rather this entire Agreement will be construed as if not containing the particular invalid or unenforceable provision or provisions, and the rights and obligation of the Parties shall be construed and enforced in accordance therewith. The Parties acknowledge that if a provision of this Agreement is determined to be invalid or unenforceable, it is the desire and intention of each that such provision be reformed and construed in such a manner that will,to the maximum extent practicable, give effect to the intent of this Agreement and be deemed to be validated and enforceable. E. Notices. Any notice to be given hereunder shall be in writing and may be affect by personal delivery, in writing or by registered or certified mail, return receipt requested, addressed to the proper Party, at the following address: City of Round Rock: City of Round Rock City Manger 221 E. Main Street Round Rock, TX 78664 With Copy to: Stephan L. Sheets, City Attorney 309 East Main Street Round Rock, TX 78664 Round Rock Fire Department 203 Commerce Boulevard Round Rock, TX 78664 County: Williamson County Judge Dan A. Gattis 710 Main Street, Suite 101 Georgetown, TX 78626 With Copy to: Williamson County MOT c/o Annie Burwell, Director 301 SE Inner Loop, Suite 106 Georgetown TX 78626 Page 4 of 6 Interlocal Agreement Williamson County and Round Rock Fire Department F. Venue and Governing Law. Each Party to this Agreement hereby agrees and acknowledges that venue and jurisdiction of any suit, right, or cause of action arising out of or in connection with this Agreement shall lie exclusively in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. G. Dispute Resolution. The Parties to this Agreement will work together in good faith to resolve any controversy, dispute or claim between the Parties which arises out of or relates to this Agreement whether stated in tor, contract statute, claim for benefits, bad faith, professional liability or otherwise ("Claim"). If the Parties are unable to resolve the Claim within thirty(30) days following the date in which one Party sent written notice the Claim to the other Party, and if a Party wishes to pursue the Claim, such Claim shall be addressed through non-binding medication under the Commercial Mediation Rules of the American Arbitration Association("AAA"). A single mediator engaged in the practice of law, who is knowledgeable about subject matter of this Agreement, will conduct the medication under the then current rules of the AAA. Any mediation under this Agreement shall be conducted in Williamson County, Texas. All costs involved in the medication shall be borne equally between the Parties, except that each Party shall bear its own attorneys' fees. Nothing herein is intended to prevent either Party from seeking any other remedy available at law including seeing redress in a court of competent jurisdictions. This provision shall survive the termination of this Agreement. H. Termination for Convenience. 1.) The County may terminate this Agreement for convenience and without cause or further liability upon ninety (90) days written notice to Round Rock. 2.) Round Rock may terminate this Agreement for convenience with or without cause or further liability upon ninety (90) days written notice to the County. 3.) All Parties to the contract may terminate upon written mutual consent signed and dated by all Parties to this agreement setting forth the agreed upon date of termination. I. No Third Party Beneficiaries. This Agreement is for the sole and exclusive benefit of the Parties hereto, and nothing in this Agreement, express or implied, is intended to confer or shall be construed as conferring upon any other person any rights, remedies or any other type or types of benefits. J. Relationship of the Parties. 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. The employees or agents of one Party shall not be deemed or construed to the employees of agents of the other Party of any purposes whatsoever. K. No Waiver of Immunities. Nothing in this Agreement shall be deemed to waive, modify or amend any legal defense available at law or in equity to the Parties,their past or Page 5 of 6 Interlocal Agreement Williamson County and Round Rock Fire Department present officers, employees, or agents or employees, nor to create any legal rights or claim on behalf of any third Party. The Parties do 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. L. 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 County shall have the right to terminate this Agreement at the end of any County Fiscal year if the governing body of County does not appropriate sufficient fund as determined by County's budget for the fiscal year in question. County may effect such termination by giving written notice of termination at the end of its then- current fiscal year. M. No agency Relationship: It is understood and agreed that County shall not in any sense be considered a partner or joining venture with the City,not shall any of the Parties in any manner hold themselves out as an agent or official representative of the County. N. Entire Agreement. This Agreement represents the entire and integrated agreement between the Parties and supersedes all prior negotiations, representations, or agreements, either oral or written. This Agreement may be amended only by written instrumental signed by each Party to this Agreement. NO OFFICIAL, EMPLOYEE, AGENT, OR REPRESENTATIVE OF THE COUNTY HAS ANY AUTHORITY, EITHER EXPRESS OR IMPLIED, TO AMEND THIS AGREEMENT, EXCEPT PURSUANT TO SUCH EXPRESS AUTHORITY AS MAY BE GRANTED BY THE WILLIAMSON COUNTY COMMISIONERS COURT. EXECUTED TO BE EFFECTIVE this $2141, day ofAV-al- 2018 WILLIAMSON COUNTY, TEXAS CITY OF 'OUND ROC , TEXAS By: 4 Dan Gattis, ounty Judge Title: Williamson County Judge Title: Date d3— 2 d 17 Date: .9) • (2) For City, Atte • / By: • r • 1,11 For Cit p iroveg.roveas to orm: By:'11*olo ;; � Stephan 1-Sheets, City Attorney Page 6 of 6 Interlocal Agreement Williamson County and Round Rock Fire Department Attachment A RESPONSIBILITIES OF WILLIAMSON COUNTY • Provide M&M (Medical and Mental Health)teams to respond to behavioral health emergencies within Round Rock Fire Department's jurisdiction for a minimum of 60 hours per week. M&M teams will be staffed with Mobile Outreach Team Community Risk Reduction Paramedics and Mobile Outreach Team Mental Health Specialists. • Provide all vehicles, equipment, and supplies needed to perform emergency behavioral health services • Provide a minimum of 40 hours per year of mental health and substance use training to Round Rock Fire Department's First Responder Advanced Paramedics (FRAPS). • Support the goals and objectives of the Community Risk Reduction (CRR) Program. • Support the goals and objectives of the Health and Human Services Commission (HHSC) Opioid Emergency Response Pilot. • Collect, analyze, and report data related to the M&M, CRR, and Opioid Emergency Response Pilot to all parties involved. • In coordination with the Round Rock Fire Department, develop and implement protocols for the CRR and Opioid Emergency Response Pilot. • Collaborate with area hospitals, Bluebonnet Trails Community Services, the Williamson County and Cities Health District, local non-profit agencies, and peer support programs to meet the goals of the HHSC Opioid Emergency Response Pilot. • Attend any HHSC required meetings or presentations related to the HHSC Opioid Emergency Response Pilot and submit any reports in accordance with the contract between the City of Round Rock and HHSC. • Provide at least one outreach event and/or Naloxone use training to a community agency or business during the HHSC Opioid Emergency Response Pilot. a , Attachment B RESPONSIBILITIES OF THE CITY OF ROUND ROCK • Reimburse Williamson County for salary, retirement, and benefits for 3 FTE Community Risk Reduction Paramedics, and operational costs associated with M&M response units at the rate of$47,916.67 per month to be paid by the City of Round Rock upon 30 days of receipt of invoice from Williamson County. • Participate in scheduled discussions with the Director of the Williamson County Outreach Department to review the status, ensure the provision of services under the Community Risk Reduction Model and the Health and Human Services Commission Opioid Emergency Response Pilot. • Incorporate Peer Recovery Personnel into the Community Risk Reduction and Health and Human Services Opioid Emergency Response Pilot. • Assist in data collection and management for the Community Risk Reduction and Health and Human Services Opioid Emergency Response Pilot. • Provide adequate space, scheduling, and support for First Responder Advanced Paramedic training.