R-07-09-27-15A1 - 9/27/2007 RESOLUTION NO. R-07-09-27-15A 1
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 a Revised
Interlocal Agreement with the Sam Bass Volunteer Fire Department Inc.
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 a Revised Interlocal Agreement with the Sam Bass
Volunteer Fire Department Inc. , 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 27th day of Septem r,
ELL, Mayor
City of Round Rock, Texas
A ST: .
CHRISTINE R. MARTINEZ, City Secre ry
0:\wdox\RESOLUTI\R70927A1.WPD/imc
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
REVISED INTERLOCAL AGREEMENT FOR AUTOMATIC AID ASSISTANCE
FOR FIRE DEPARTMENT SERVICES BETWEEN
THE CITY OF ROUND ROCK, TEXAS AND
THE SAM BASS VOLUNTEER FIRE DEPARTMENT INC.
This Revised 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 SAM BASS VOLUNTEER FIRE DEPARTMENT
INC. ("Sam Bass"), a non-profit corporation in the State of Texas. Round Rock and Sam Bass
are herein referred to as "the Parties."
WHEREAS, Texas Government Code, Chapter 791, Texas Interlocal Cooperation Act,
Sections 791.003(3)(B), and 791.003(4)(A) allow local governments, including special districts,
to contract with one another to perform governmental functions and services, including fire
protection; and
WHEREAS, Round Rock and Sam Bass mutually desire to be subject to the provisions
of the cited Interlocal Cooperation Act, specifically with reference to Section 791.006(a),
791.006(a-1), 791.006(d), 791.011(a), 791.011(c)(2), 791.011(d), 791.011(e), and 791.011(f);
and
WHEREAS, Round Rock's fire department, by contract, currently responds to all calls
for assistance within the area shown on "Exhibit A" to this Agreement, said "Exhibit A" being
attached hereto and incorporated herein by reference for all purposes; and
WHEREAS, the area shown on "Exhibit A" is now within the boundaries of Emergency
Services District#9 ("ESD #9"); and
WHEREAS, the Board of Emergency Services Commissioners of ESD #9 ("the
District") has determined that the area shown on "Exhibit A" is best served by both Round
Rock's fire department and Sam Bass' fire department for structure fires; and
WHEREAS, the District has determined that Sam Bass shall provide all other fire and
first responder organization services in the area shown on"Exhibit A" ; and
WHEREAS, the area shown on "Exhibit A" is the area where the Parties intend to
cooperate with each other in accordance with the terms of this Agreement in order to allow for
better and more efficient service regarding response to structure fires; and
WHEREAS, it is the desire of Round Rock and Sam Bass to join in this Agreement to
coordinate dispatching and response to emergencies requiring a response from the Parties'
respective fire departments in the area shown on "Exhibit A"; and
EXHIBIT
00121871.Doc
g "An
WHEREAS, the joint operation of stated services would be mutually beneficial and not
detrimental to Round Rock; and
WHEREAS, the joint operation of stated services would be mutually beneficial and not
detrimental to Sam Bass; and
WHEREAS, the Parties intend that the automatic aid described in this Agreement
requires the response of equipment to the area for structure fires. 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 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, the Parties understand and agree that Sam Bass is the primary provider to
the area; and
WHEREAS, it is further the determination of each of the Parties hereto that the decision
to enter into this Agreement constitutes a fundamental 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 fire protection services and the utilization of existing resources of
each of the Parties hereto, including the use of equipment and personnel.
NOW, THEREFORE, for and 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 area shown on "Exhibit A" and referred to herein as the "Automatic Aid Area."
"Exhibit A" 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 structure
fires 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 a structure fire occurring within
the Automatic Aid Area is received from the respective Dispatch/Communication
Center, Sam Bass will dispatch a normal assignment and Round Rock will dispatch
an engine company provided that resources are then available for such response. For
second alarm structure fires in the Automatic Aid Area, Round Rock will dispatch a
second engine company 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
2
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, pager, 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.
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 Automatic 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. 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 Agreement 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(3) trained personnel at all times.
5. Joint Training. The Parties shall 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
3
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 Section 791.006(a) 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, such
Party being Sam Bass.
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 party hereto,
and no such person or entity shall have any cause of action hereunder, except as
specifically set forth herein.
9. Term. This Automatic Aid Agreement shall commence upon signing by the Parties and
shall continue in force until September 30, 2008, or until terminated by formal act of the
Parties to this Agreement. Unless otherwise terminated hereunder, or a new agreement is
entered into by the Parties hereto, this Agreement shall automatically renew for
successive one(1) year terms.
10. Termination. Either Party may terminate this Agreement by giving thirty (30) days
notice in writing to the other Party and the District. This Agreement may not be
terminated, modified, or amended without providing the District at least thirty (30) days
to meet and confer with the Parties in an attempt to resolve any disputes.
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. Pursuant to Section 791.011(d)(3) of the Texas Government Code,
each Party performing services or furnishing 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 (5) 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. 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.
4
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 recipient 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, addresses for all notices are
as follows (unless changed by similar notice in writing given by the particular entity
whose address is to be changed):
City of Round Rock Sam Bass Volunteer Fire Department Inc.
Attn: City Manager Attn: President, Board of Trustees
221 East Main Street 16248 Great Oaks Drive
Round Rock, Texas 78664 Round Rock, Texas 78681
Phone: (512) 218-5565 Phone: (512) 255-0100
Fax: (512) 218-7041 Fax: (512) 255-1288
Williamson County Emergency Services District No. 9
Attn: President
Williamson County Emergency Services District No. 9
402A West Palm Valley Boulevard, Suite PMB371
Round Rock, Texas 78664
18. Default. 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.
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, and reviewed by the District.
5
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 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, 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 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.
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 Manager of Round Rock and to the
President of the Board of Trustees of the Sam Bass Volunteer Fire Department Inc.
Round Rock and Sam Bass 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 remainder
of the Agreement shall be and continue in full force and effect.
27. 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.
28. CounteEparts. This Agreement may be executed in multiple counterparts which, when
taken together, shall be considered as one original.
29. Effective Date. This Agreement is made to be effective on the latest date accompanying
the signatures below.
6
APPROVED by the City Council, City of Round Rock, Texas, in its meeting held on the
day of , 2007, and executed by its authorized representative.
CITY OF ROUND ROCK, TEXAS
By:
NYLE MAXWELL, Mayor
Date Signed:
ATTEST:
CHRISTINE R. MARTINEZ, City Secretary
FOR CITY, APPROVED AS TO FORM:
STEPHAN L. SHEETS, City Attorney
APPROVED by the Sam Bass Volunteer Fire Department Inc. in its meeting held on the
day of , 2007, and executed by its authorized representative.
SAM BASS VOLUNTEER FIRE DEPARTMENT INC.
By:
GERRY CHENEY, President Board of Trustees
Date Signed:
APPROVED:
By:
WILLIAMSON COUNTY EMERGENCY
SERVICES DISTRICT NO. 9
FOR SAM BASS, APPROVED AS TO FORM:
By:
ALAN FORSTER, President
7
DATE: September 20, 2007
SUBJECT: City Council Meeting - September 27, 2007
ITEM: 15A1. Consider a resolution authorizing the Mayor to execute a
Revised Interlocal Agreement for Automatic Aid Assistance for
Fire Department services between the City of Round Rock and
the Sam Bass Volunteer Fire Department Inc.
Department: Fire Department
Staff Person: Larry Hodge, Fire Chief
Justification:
The current agreement for automatic aid assistance for fire services between the City of Round
Rock, Texas and the Sam Bass Volunteer Fire Department Inc. expires September 30, 2007.
Staff recommends the approval of this agreement between City of Round Rock, Texas and the
Sam Bass Volunteer Fire Department Inc. This agreement explains to both parties what their
responsibilities are for fire service in the Vista Oak's area.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information•
This agreement has been review by all parties concerned and has conveyed this is the best
way to provide fire service to Vista Oaks.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
REVISED INTERLOCAL AGREEMENT FOR AUTOMATIC AID ASSISTANCE
FOR FIRE DEPARTMENT SERVICES BETWEEN
THE CITY OF ROUND ROCK, TEXAS AND
THE SAM BASS VOLUNTEER FIRE DEPARTMENT INC.
This Revised 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 SAM BASS VOLUNTEER FIRE DEPARTMENT
INC. ("Sam Bass"), a non-profit corporation in the State of Texas. Round Rock and Sam Bass
are herein referred to as "the Parties."
WHEREAS, Texas Government Code, Chapter 791, Texas Interlocal Cooperation Act,
Sections 791.003(3)(B), and 791.003(4)(A) allow local governments, including special districts,
to contract with one another to perform governmental functions and services, including fire
protection; and
WHEREAS, Round Rock and Sam Bass mutually desire to be subject to the provisions
of the cited Interlocal Cooperation Act, specifically with reference to Section 791.006(a),
791.006(a-1), 791.006(d), 791.011(a), 791.011(c)(2), 791.011(d), 791.011(e), and 791.011(f);
and
WHEREAS, Round Rock's fire department, by contract, currently responds to all calls
for assistance within the area shown on "Exhibit A" to this Agreement, said "Exhibit A" being
attached hereto and incorporated herein by reference for all purposes; and
WHEREAS, the area shown on "Exhibit A" is now within the boundaries of Emergency
Services District #9 ("ESD #9"); and
WHEREAS, the Board of Emergency Services Commissioners of ESD #9 ("the
District") has determined that the area shown on "Exhibit A" is best served by both Round
Rock's fire department and Sam Bass' fire department for structure fires; and
WHEREAS, the District has determined that Sam Bass shall provide all other fire and
first responder organization services in the area shown on"Exhibit A" ; and
WHEREAS, the area shown on "Exhibit A" is the area where the Parties intend to
cooperate with each other in accordance with the terms of this Agreement in order to allow for
better and more efficient service regarding response to structure fires; and
WHEREAS, it is the desire of Round Rock and Sam Bass to join in this Agreement to
coordinate dispatching and response to emergencies requiring a response from the Parties'
respective fire departments in the area shown on"Exhibit A"; and
00121871.DOC
R-o?-o4 6 Flt
WHEREAS, the joint operation of stated services would be mutually beneficial and not
detrimental to Round Rock; and
WHEREAS, the joint operation of stated services would be mutually beneficial and not
detrimental to Sam Bass; and
WHEREAS, the Parties intend that the automatic aid described in this Agreement
requires the response of equipment to the area for structure fires. 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 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, the Parties understand and agree that Sam Bass is the primary provider to
the area; and
WHEREAS, it is further the determination of each of the Parties hereto that the decision
to enter into this Agreement constitutes a fundamental 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 fire protection services and the utilization of existing resources of
each of the Parties hereto, including the use of equipment and personnel.
NOW, THEREFORE, for and 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 area shown on "Exhibit A" and referred to herein as the "Automatic Aid Area."
"Exhibit A" 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 structure
fires 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 a structure fire occurring within
the Automatic Aid Area is received from the respective Dispatch/Communication
Center, Sam Bass will dispatch a normal assignment and Round Rock will dispatch
an engine company provided that resources are then available for such response. For
second alarm structure fires in the Automatic Aid Area, Round Rock will dispatch a
second engine company 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
2
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, pager, 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.
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 Automatic 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. 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 Agreement 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 (3) trained personnel at all times.
5. Joint Training. The Parties shall 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
3
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 Section 791.006(a) 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, such
Party being Sam Bass.
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 party hereto,
and no such person or entity shall have any cause of action hereunder, except as
specifically set forth herein.
9. Term. This Automatic Aid Agreement shall commence upon signing by the Parties and
shall continue in force until September 30, 2008, or until terminated by formal act of the
Parties to this Agreement. Unless otherwise terminated hereunder, or a new agreement is
entered into by the Parties hereto, this Agreement shall automatically renew for
successive one (1) year terms.
10. Termination. Either Party may terminate this Agreement by giving thirty (30) days
notice in writing to the other Party and the District. This Agreement may not be
terminated, modified, or amended without providing the District at least thirty (30) days
to meet and confer with the Parties in an attempt to resolve any disputes.
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. Pursuant to Section 791.011(d)(3) of the Texas Government Code,
each Party performing services or furnishing 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 (5) 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. 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.
4
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 recipient 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, addresses for all notices are
as follows (unless changed by similar notice in writing given by the particular entity
whose address is to be changed):
City of Round Rock Sam Bass Volunteer Fire Department Inc.
Attn: City Manager Attn: President, Board of Trustees
221 East Main Street 16248 Great Oaks Drive
Round Rock, Texas 78664 Round Rock, Texas 78681
Phone: (512) 218-5565 Phone: (5 12) 255-0100
Fax: (512) 218-7041 Fax: (512) 255-1288
Williamson County Emergency Services District No. 9
Attn: President
Williamson County Emergency Services District No. 9
402A West Palm Valley Boulevard, Suite PMB371
Round Rock, Texas 78664
18. Default. 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.
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, and reviewed by the District.
5
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 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, 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 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.
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 Manager of Round Rock and to the
President of the Board of Trustees of the Sam Bass Volunteer Fire Department Inc.
Round Rock and Sam Bass 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 remainder
of the Agreement shall be and continue in full force and effect.
27. 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.
28. Counterparts. This Agreement may be executed in multiple counterparts which, when
taken together, shall be considered as one original.
29. Effective Date. This Agreement is made to be effective on the latest date accompanying
the signatures below.
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APPROVED by the City Council, City of Round Rock, Texas, in its meeting held on the
oll day of , 2007, and executed by its authorized representative.
CITY OF T S
By:
>Ftw'o�' WELL, Mayor
Date Signed:
ATTEST:
auku
CHRISTINE R. MARTINEZ,"CitySecLrett
FOR CI APPR VEDA TO FORM:
STEPHA L. SHEETS, City Attorney
APPROVED by the Sam Bass Volunteer Fire Department Inc. in its meeting held on the
day of &c , 2007, and executed by its authorized representative.
SAM BASS VOLUNTEER FIRE DEPARTMENT INC.
By:
BERRY CH E EY, President Aoard of Trustees
Date Signed:
APPROVED:
By: W lCf/& 7
WI LIAMSON COkJNTY E ER ENCY
SERVICES DISTRICT NO. 9
FOR SAM B "S , APP OV D AS TO FORM:
By: `� ' C`
ALAN FORSTE President
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