R-03-03-27-9H1 - 3/27/2003This Interlocal Agreement ( "Agreement ") for the rey��air and maintenance of fire trucks is
made and entered into and effective this a 7 day of 7YYlACh/ , 2003, by and between the
CITY OF ROUND ROCK, TEXAS (the "City"), a home rule municipal corporation of the
State of Texas and the WILLIAMSON COUNTY EMERGENCY SERVICE DISTRICT #3
( the "District "), a political subdivision of the State of Texas.
WHEREAS, the Texas Interlocal Cooperation Act allows public agencies to contract with
one another to perform governmental functions and services; and
WHEREAS, the City and the District mutually desire to be subject to the provisions of
the Texas Government Code, Chapter 791, the Interlocal Cooperation Act, specifically §791.011
regarding contracts to perform governmental functions and services; and
WHEREAS, the District requires a reliable source of repair and maintenance services for
its fleet of fire trucks, and
WHEREAS, the City is willing and able to provide the facilities, parts and service to
meet the requirements of the District.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the parties agree as follows:
I. SCOPE OF SERVICES
O\ wdox \CORR \gnI\emsd#3ag \00044404.DOC
INTERLOCAL AGREEMENT
RECITALS
AGREEMENT
1.1 Repair and/or Maintenance Service. The City will provide repair and/or
maintenance service for fire trucks owned, leased or used by the District and
presented to the City for repair and/or maintenance. The services shall be
performed primarily at the City's vehicle maintenance facility ( "Maintenance
Facility "), located at 901 Luther Peterson Place, Round Rock, Texas 78664, but
may be performed at other locations.
1.2. Truck Transportation. The District shall deliver fire trucks to be repaired under
this Agreement to the Maintenance Facility. The District shall pick up fire trucks
upon which repairs and services have been performed within five (5) days of
notification that service is complete. The City is not responsible for transporting
fire trucks to or from the District.
1.3 Parts and Equipment. The District shall provide all parts necessary to perform
repairs and services requested, unless otherwise agreed to by the City.
1.4 Performance of Requested Repairs. The City shall perform requested repairs and
services during its Maintenance Facility normal operating hours.
1.5 Repair Scheduling. Service and repair scheduling will depend on mechanic
availability. The parties agree that the City's Fire Department trucks and
equipment will have first priority.
II. COMPENSATION
2.1 Fees. The District shall pay the City a shop rate of sixty dollars ($60.00), per
hour, and shall pay for parts used for the maintenance and repair of the fire trucks
at the City's cost, plus thirty percent (30 %), except when parts are provided by the
District, and then the District shall only pay the City the shop rate described
above.
2.2 Payment. Payment to the City by the District shall be made at the address shown
on the invoice. The amount shall be due within thirty (30) days after receipt.
Interest on delinquent accounts shall accrue at the rate of one percent (1 %) per
month for a twelve percent annual percentage rate (12% APR).
2.3 Auditing. At its option and expense, the District may employ a certified public
accountant to audit the City's records of work performed or parts purchased under
this Agreement to verify the service and repair; to ensure that the charges are
made in accordance with generally accepted accounting principles; and that the
charges are consistent with the City's standard accounting methods.
2.4 Purchasing. The District agrees to purchase parts or services only for which funds
have been appropriated and are available.
III. TERM AND TERMINATION
3.1 Term. This Agreement is for the term of one year, commencing on the effective
date as provided hereinabove and shall continue as a yearly contract until
terminated by the parties as provided in Section 3.2 herein below.
3.2 Termination, A party may terminate this Agreement in whole or in part if the
other party fails to comply with a term of the Agreement, including the inability
of the City to conform to any change required by federal, state or local laws or
regulations; or for the convenience of either party. The terminating party shall
provide written notification to the other party of the decision to terminate this
Agreement within thirty (30) days before the effective date of termination. A
party may terminate the Agreement for breach of any provision of this
Agreement, upon written notice of the breach and the breaching party shall have
2
ten (10) days after receipt of the written notice in which to cure the breach to the
satisfaction of the non - breaching party.
3.3 Reimbursements. If either party terminates this Agreement, the District agrees to
pay the City for all parts or services provided prior to the effective date of
termination.
IV. INDEMNIFICATION
Indemnification. The District agrees to defend, indemnify and hold harmless the
City, its officers, agents and employees, against any and all claims, lawsuits, judgments,
cause of action, costs and expenses for personal injury (including death), property
damage or other harm for which recovery of damages is sought, suffered by any person
or persons, that may arise out of or be occasioned by the District's breach of any of the
terms or provisions of this Agreement, or by any negligent act or omission of the
District's, its officers, agents, servants, employees, contractors or subcontractors, in the
performance of this Agreement; except that the indemnity provided for in this paragraph
shall not apply to any liability resulting from the sole negligence of the City, its officers,
agents, employees or separate contractors, and in the event of joint and concurrent
negligence of both the District and the City, responsibility and indemnity, if any, shall be
apportioned comparatively in accordance with the laws of the State of Texas, without,
however, waiving any govemmental immunity available to the City under Texas law and
without waiving any defenses of the parties under Texas law.
The provisions of this paragraph are solely for the benefit of the parties hereto and
not intended to create or grant any rights, contractual or otherwise, to any other person or
entity.
V. NOTICES
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) two (2) 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 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):
3
City of Round Rock
Vehicle Maintenance Facility
Attn: Joe Rendon
901 Luther Peterson Place
Round Rock, Texas 78664
Phone: (512) 218 -5565
Fax: (512) 218 -7041
VI. MISCELLANEOUS
Williamson County Emergency Service
District #3
Hutto Fire Department
Attn: Mr. John Coats
PO Box 175
Hutto, Texas 78634
Phone -Fax: (512) 930 -4790
Cell: (512) 413 -1440
6.1 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.
6.2 Approval. This Agreement has been duly and properly approved by each party's
goveming body and constitutes a binding obligation on each party.
6.3 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.
6.4 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.
6.5 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.
6.6 Attorney Fees. In any lawsuit concerning this Agreement, the prevailing party
shall be entitled to recover reasonable attorneys fees from the nonprevailing party,
plus all out -of- pocket expense such as deposition costs, telephone calls, travel
expenses, expert witness fees, court costs, and other reasonable expenses.
6.7 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.
6.8 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.
4
APPROVED by the City Council for the City of Round Rock, Texas, in its meeting held
on the a7 day of the month of (PlQA.G{v , 2003, and executed by its authorized
representatives.
ATTEST:
By:
NY
Roan
CHRISTINE R. MARTINEZ, City Secretary
Round Rock, Texas
CITY OF ROUND ROC , TEXAS
5
ock, Texas
L, Mayor
APPROVED by Williamson County Emergency Services District #3, in its meeting held
on the 2 7 day of the month of 7:1-B2u.em y , 2003, and executed by its authorized
representatives.
ATTEST:
rjbfit 644
WILLIAMSON COUNTY EMERGENCY SERVICES
DISTRICT #3
By: ga
Name: /ei{,j // etS6TS
Title: N,pirsiorry
6
RESOLUTION NO. R- 03- 03- 27 -9H1
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 Williamson County Emergency Service
District #3 to provide repair and maintenance services for Volunteer
Fire apparatus, 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
RESOLVED this 27th day of March, 2003
NYL ,f
Government
?
Government Code, as amended.
ST:,
CHRISTINE R. MARTINEZ, City Secreta
o . \wdox \REsouuTI \R3o327H1.wPD /sc
LL, Mayor
City of Round Rock, Texas
INTERLOCAL AGREEMENT
This Interlocal Agreement ( "Agreement ") for the repair and maintenance of fire trucks is
made and entered into and effective this day of , 2003, by and between the
CITY OF ROUND ROCK, TEXAS (the "City "), a home rule municipal corporation of the
State of Texas and the WILLIAMSON COUNTY EMERGENCY SERVICE DISTRICT #3
( the "District "), a political subdivision of the State of Texas.
RECITALS
WHEREAS, the Texas Interlocal Cooperation Act allows public agencies to contract with
one another to perform governmental functions and services; and
WHEREAS, the City and the District mutually desire to be subject to the provisions of
the Texas Government Code, Chapter 791, the Interlocal Cooperation Act, specifically §791.011
regarding contracts to perform governmental functions and services; and
WHEREAS, the District requires a reliable source of repair and maintenance services for
its fleet of fire trucks, and
WHEREAS, the City is willing and able to provide the facilities, parts and sery ice to
meet the requirements of the District.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the parties agree as follows:
I. SCOPE OF SERVICES
O: \wdox \CORR\gnl\emsd #3 ag \00044404. DOC
AGREEMENT
1.1 Repair and/or Maintenance Service. The City will provide repair and/or
maintenance service for fire trucks owned, leased or used by the District and
presented to the City for repair and/or maintenance. The services shall be
performed primarily at the City's vehicle maintenance facility ( "Maintenance
Facility "), located at 901 Luther Peterson Place, Round Rock, Texas 78664, but
may be performed at other locations.
1.2. Truck Transportation. The District shall deliver fire trucks to be repaired under
this Agreement to the Maintenance Facility. The District shall pick up fire trucks
upon which repairs and services have been performed within five (5) days of
notification that service is complete. The City is not responsible for transporting
fire trucks to or from the District.
EXHIBIT
9 nAn
1.3 Parts and Equipment. The District shall provide all parts necessary to perform
repairs and services requested, unless otherwise agreed to by the City.
1.4 Performance of Requested Repairs. The City shall perform requested repairs and
services during its Maintenance Facility normal operating hours.
1.5 Repair Scheduling. Service and repair scheduling will depend on mechanic
availability. The parties agree that the City's Fire Department trucks and
equipment will have first priority.
II. COMPENSATION
2.1 Fees. The District shall pay the City a shop rate of sixty dollars ($60.00), per
hour, and shall pay for parts used for the maintenance and repair of the fire trucks
at the City's cost, plus thirty percent (30 %), except when parts are provided by the
District, and then the District shall only pay the City the shop rate described
above.
2.2 Payment. Payment to the City by the District shall be made at the address shown
on the invoice. The amount shall be due within thirty (30) days after receipt.
Interest on delinquent accounts shall accrue at the rate of one percent (1 %) per
month for a twelve percent annual percentage rate (12% APR).
2.3 Auditing. At its option and expense, the District may employ a certified public
accountant to audit the City's records of work performed or parts purchased under
this Agreement to verify the service and repair; to ensure that the charges are
made in accordance with generally accepted accounting principles; and that the
charges are consistent with the City's standard accounting methods.
2.4 Purchasing. The District agrees to purchase parts or services only for which funds
have been appropriated and are available.
III. TERM AND TERMINATION
3.1 Term. This Agreement is for the term of one year, commencing on the effective
date as provided hereinabove and shall continue as a yearly contract until
terminated by the parties as provided in Section 3.2 herein below.
3.2 Termination. A party may terminate this Agreement in whole or in part if the
other party fails to comply with a term of the Agreement, including the inability
of the City to conform to any change required by federal, state or local laws or
regulations; or for the convenience of either party. The terminating party shall
provide written notification to the other party of the decision to terminate this
Agreement within thirty (30) days before the effective date of termination. A
party may terminate the Agreement for breach of any provision of this
Agreement, upon written notice of the breach and the breaching party shall have
2
ten (10) days after receipt of the written notice in which to cure the breach to the
satisfaction of the non - breaching party.
3.3 Reimbursements. If either party terminates this Agreement, the District agrees to
pay the City for all parts or services provided prior to the effective date of
termination.
IV. INDEMNIFICATION
Indemnification. The District agrees to defend, indemnify and hold harmless the
City, its officers, agents and employees, against any and all claims, lawsuits, judgments,
cause of action, costs and expenses for personal injury (including death), property
damage or other harm for which recovery of damages is sought, suffered by any person
or persons, that may arise out of or be occasioned by the District's breach of any of the
terms or provisions of this Agreement, or by any negligent act or omission of the
District's, its officers, agents, servants, employees, contractors or subcontractors, in the
performance of this Agreement; except that the indemnity provided for in this paragraph
shall not apply to any liability resulting from the sole negligence of the City, its officers,
agents, employees or separate contractors, and in the event of joint and concurrent
negligence of both the District and the City, responsibility and indemnity, if any, shall be
apportioned comparatively in accordance with the laws of the State of Texas, without,
however, waiving any governmental immunity available to the City under Texas law and
without waiving any defenses of the parties under Texas law.
The provisions of this paragraph are solely for the benefit of the parties hereto and
not intended to create or grant any rights, contractual or otherwise, to any other person or
entity.
V. NOTICES
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) two (2) 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 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):
3
6.2
6.3
City of Round Rock
Vehicle Maintenance Facility
Attn: Joe Rendon
901 Luther Peterson Place
Round Rock, Texas 78664
Phone: (512) 218 -5565
Fax: (512) 218 -7041
VI. MISCELLANEOUS
Williamson County Emergency Service
District #3
Hutto Fire Department
Attn: Mr. John Coats
PO Box 175
Hutto, Texas 78634
Phone -Fax: (512) 930 -4790
Cell: (512) 413 -1440
6.1 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.
Approval. This Agreement has been duly and properly approved by each party's
governing body and constitutes a binding obligation on each party.
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.
6.4 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.
6.5 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.
6.6 Attorney Fees. In any lawsuit conceming this Agreement, the prevailing party
shall be entitled to recover reasonable attorneys fees from the nonprevailing party,
plus all out -of- pocket expense such as deposition costs, telephone calls, travel
expenses, expert witness fees, court costs, and other reasonable expenses.
6.7 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.
6.8 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.
4
APPROVED by the City Council for the City of Round Rock, Texas, in its meeting held
on the day of the month of , 2003, and executed by its authorized
representatives.
ATTEST:
CHRISTINE R. MARTINEZ, City Secretary
Round Rock, Texas
CITY OF ROUND ROCK, TEXAS
By:
NYLE MAXWELL, Mayor
Round Rock, Texas
5
APPROVED by Williamson County Emergency Services District #3, in its meeting held
on the 2. 7 day of the month of / , 2003, and executed by its authorized
representatives.
ATTEST:
WILLIAMSON COUNTY EMERGENCY SERVICES
DISTRICT #3
By: //"
Name: 3 /0,r/ h/ 1T=.5
Title: 4437or„ -
6
DATE: March 21, 2003
SUBJECT: City Council Meeting — March 27, 2003
ITEM: *9.H.1. Consider a resolution authorizing the Mayor to execute an Interlocal
Agreement with the Williamson County Emergency Service District #3
for repair and maintenance services for Volunteer Fire apparatus.
Resource: Tom Word, Director of Transportation Services
Todd Keltgen, PW Operations Manager
History: In the past individuals who worked for the District did the maintenance and some
private companies also provided assistance. With the growing fleet and updated
equipment, there was a need to provide a more organized system of repair to the
equipment. The City of Round Rock has performed repairs on the District's
equipment in the past under an emergency requests. The District covers our
Eastern ETJ towards Hutto.
Funding:
Cost: No net cost to the City.
Source of funds: N/A
Outside Resources: N/A
Impact/Benefit: Assisting neighboring City.
Public Comment: N/A
Sponsor: N/A