HomeMy WebLinkAboutRes 20-25 Authorizing and Interlocal Cooperative agreement with the City of Watuga for Vehicle MaintenanceTOWN OF WESTLAKE
RESOLUTION 20-25
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, THAT AUTHORIZES THE TOWN MANAGER TO EXECUTE AN
INTERLOCAL AGREEMENT WITH THE CITY OF WATAUGA, TEXAS, A
MUNICIPLE CORPORATION (HEREINAFTER "WATAUGA") AND THE TOWN OF
WESTLAKE, TEXAS, A MUNICIPLE CORPORATION (HEREINAFTER
"WESTLAKE").
WHEREAS, both WATAUGA and WESTLAKE have the authority to enter into this
Agreement pursuant to Chapter 791, Texas Government Code; and
WHEREAS, the service agreement for Vehicle Maintenance ("Service Level
Agreement") contemplated under this Agreement is of mutual interest and benefit to
WESTLAKE and WATAUGA and will further the objectives of both parties in a manner
consistent with the objectives of political subdivisions of the State of Texas; Watauga will
provide vehicle maintenance services to Westlake, for a defined fee detailed below; and
WHEREAS, it is mutually beneficial to both parties to execute this Agreement whereby
each entity can achieve common objectives relating to the services regarding vehicle
maintenance and in the interest of saving taxpayer funding; and
WHEREAS, all payments collected by WATAUGA from vehicle maintenance services
provided to WESTLAKE will be considered revenue to WATAUGA and that WESTLAKE shall
pay all invoices presented, as statutorily prescribed by Texas Government Code 2251 (Prompt
Payment Act); and
WHEREAS, WESTLAKE agrees to utilize the vehicle maintenance services provided
by WATAUGA, in this agreement for the purposes of vehicle maintenance only to WESTLAKE
vehicles and equipment, and
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That, the Town Council of the Town of Westlake, Texas, by approval of
this resolution, hereby approves the attached Exhibit "A", ILA — WATAUGA and WESTLAKE
EMERGENCY VEHICLE MAINTENANCE.
Resolution 20-25
Page 1 of 2
SECTION 3: In consideration of the mutual representations, terms and covenant
hereafter set forth, the parties hereby agree as follows.
SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION 5: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 215t DAY OF JULY 2020.
ATTEST:
s
Tod -. Wood, Town Sec • tary
APPROVED AS TO FORM:
L. Stanton be vr�bwn Attorney
Laura L. Wheat, Mayor
A14�c L ��
Amanda DeGan, Town Manager
TEXPS
Resolution 20-25
Page 2 of 2
STATE OF TEXAS
INTERLOCAL AGREEMENT
TARRANT COUNTY
This Interlocal Agreement (the "Agreement') is made and entered into by
and, between The City of Watauga, Texas, a municipal corporation (hereinafter
"WATAUGA") and The Town of Westlake, Texas, a municipal corporation
(hereinafter "WESTLAKE").
WHEREAS, both WATAUGA and WESTLAKE have the authority to enter
into this Agreement pursuant to Chapter 791, Texas Government Code; and
WHEREAS, the service agreement for Vehicle Maintenance ("Service
Level Agreement") contemplated under this Agreement is of mutual interest and
benefit to WESTLAKE and WATAUGA and will further the objectives of both
parties in a manner consistent with the objectives of political subdivisions of the
State of Texas; Watauga will provide vehicle maintenance services to Westlake,
for a defined fee detailed below; and
WHEREAS, it is mutually beneficial to both parties to execute this
Agreement whereby each entity can achieve common objectives relating to the
services regarding vehicle maintenance and in the interest of saving taxpayer
funding; and
WHEREAS, all payments collected by WATAUGA from vehicle
maintenance services provided to WESTLAKE will be considered revenue to
WATAUGA and that WESTLAKE shall pay all invoices presented, as statutorily
prescribed by Texas Government Code 2251 (Prompt Payment Act); and
WHEREAS, WESTLAKE agrees to utilize the vehicle maintenance
services provided by WATAUGA, in this agreement for the purposes of vehicle
maintenance only to WESTLAKE vehicles and equipment, and
NOW, THEREFORE, inconsideration of the mutual representations, terms and
covenant hereafter set forth, the parties hereby agree as follows:
TERMS AND CONDITIONS
1. STATEMENT OF WORK.
WATAUGA agrees to use reasonable efforts to perform the vehicle
maintenance services described in the Service Level Agreement listed below in
Section 2.
2. SERVICE LEVEL AGREEMENT — Services provided by WATAUGA:
a. Schedule vehicle maintenance and repairs when notified by
WESTLAKE;
b. Provide vehicle preventative maintenance and general repair
services in a timely manner; and
C. Process monthly repair invoices for payment.
3. WARRANTY — WATUAGA
Fleet Services will warrant repair labor for a period of 60 days;
a. Parts will be warranted for 90 days, defective or failed parts will be
replaced at no charge during warranty period;
b. All vehicle batteries will have an eighteen (18) month free
replacement period.
4. RATE SCHEDULE
Services provided by WATAUGA at the following rates - Preventive Maintenance
(PM) services flat rated based on vehicle class as follows;
a. Light duty PM - $100.00 + parts
b. Heavy duty PM - $1,795.00 + parts
C. Other repairs invoiced at cost plus labor rate of $100.00 per hour +
parts
d. Parts invoiced at cost plus 25%
e. Transporting of equipment shall be billed out at the hourly rate of
$100.00 an hour.
f. Dispatch Watauga Service truck to repair equipment in field will be
charged a $50.00 service call - $125.00/hr + parts from 7:00 am till
4:00 pm or $150.00/hr for afterhours + parts
2
g. Dispatch third party vendors to truck in field (flat tires, etc.) — Third
party costs + 25%
h. Each new budget year after the first year, the rate schedule shall be
increased per the Consumer Price Index for All Urban Consumers
(GPI-U) for Series Title, Motor Vehicle repair in the U.S. city
average, all urban consumers (Series ID CUSROOOOSETD03) as
reported in April of each year based on the percent change. In the
event of a decrease, the rate schedule shall remain the same. The
current April 2020 CPI-U for this series is 185.235. The increase
shall be automatically accepted unless each City/Town Manager
agrees to other provisions prior to the final budget being accepted
by the City/Town Council of both entities.
5. CONTRACT PAYMENTS
WESTLAKE shall reimburse WATAUGA per Section 4 on a monthly basis.
Payments shall be sent to the following address:
City of Watauga
Finance Department
7105 Whitley Road
Watauga, TX 76148
Attention: Accounts Payable
Phone: 817-514-5800
Email:
6. THIRD PARTY
This contract shall not be interpreted to inure to the benefit of a third party not a
party to this contract. This contract may not be interpreted to waive any statutory
or common law defense, immunity, including governmental and sovereign
immunity, or any limitation of liability, responsibility, or damage of any party to
this contract, party's agent, or party's employee, otherwise provided by law.
7. JOINT VENTURE & AGENCY
The relationship between the parties to this Agreement does not create a
partnership or joint venture between the parties. This Agreement does not
appoint any party as agent for the other party.
8. EFFECTIVE DATE
This Agreement becomes effective when signed by the last party whose signing
makes the Agreement fully executed.
9. TERM
The initial term of this Agreement shall be for a term of the remaining fiscal
2019/2020 Budget year, beginning on June 16, 2020 and expiring on September
30, 2020. Following the Initial Term, unless written notice is given by either
party hereto to the other not less than ninety (90) day before the expiration of
this Agreement, it shall be automatically renewed for another additional period
of twelve (12) months from such expiration date and shall be automatically
renewed thereafter for one additional twelve (12) month period for a maximum
of five (5) terms unless canceled by written notice giving not less than ninety
(90) days before the expiration of any such renewal period. In the event of
termination by either party, neither party shall have any further obligations to the
other party under this Agreement, except that WESTLAKE remains liable to
WATAUGA for any outstanding invoices, if any.
9. TERMINATION
Notwithstanding anything to the contrary, either party may terminate this
Agreement at any time by providing ninety (90) days written notice to the other
party. Any failure by WESTLAKE to timely pay any amounts due under the
provisions of this Agreement shall be a material breach of this Agreement and
WATAUGA may terminate this Agreement for such breach immediately.
10. RIGHTS AND OBLIGATIONS OF WATAUGA
a. WATAUGA shall provide the Services at Watauga Fleet Maintenance
Garage for in-house repairs.
b. WATAUGA shall instruct any third -party certified vehicle and
equipment maintenance providers to provide the same level of service
to WESTLAKE fire -fighting and emergency vehicles and equipment as
it does for WATAUGA.
c. The certified vehicle and equipment maintenance provider will bill
WATAUGA directly for services provided.
d. WATAUGA will provide services from Certified Emergency Vehicle
Technicians.
e. Watauga will drive equipment to third party maintenance providers.
f. Watauga will inspect third party repairs prior to returning unit to
Westlake,
11. RIGHTS AND OBLIGATIONS OF WESTLAKE
4
g. WESTLAKE shall pay invoices received in accordance with the Texas
Prompt Payment Act.
h. WESTLAKE shall at all times be responsible for submitting the
appropriate documents with a request for Services to WATAUGA.
i. WESTLAKE shall be responsible for the delivery and pick-up of fire-
fighting or emergency vehicles or equipment requiring services.
12. SOVEREIGN IMMUNITY
Neither party to the Agreement waives any claim of sovereign immunity
because of its participation in this Agreement. Nothing in this Agreement shall
be construed as creating any right or obligation to any third party.
13. AMENDMENT
This Agreement may be amended by the mutual written agreement of both
parties hereto. The parties agree to enter an amended Agreement in order to
comply with any legislative changes related to this Agreement, or due to a
determination by a court of competent jurisdiction of other government authority
that would cause any provision of this Agreement to be out of compliance with
the current law.
14. SEVERABILITY
In the event anyone or more of the provisions contained in this Agreement shall
for any reason be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability shall not affect the other provisions,
and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained in this Agreement,
15. GOVERNING LAW
The validity of this Agreement and any of its terms and provisions as well as
rights and duties of the parties shall be governed by the laws of the State of
Texas; and venue for any such action concerning this Agreement shall be and
remain in the State District Court of Tarrant County, Texas.
16. FORCE MAJEURE
In the event that any party shall be prevented from performing any of its
obligations under this Agreement by any act of God, war, riot, civil commotion,
strikes, fires, flood, disease, epidemic, pandemic, quarantine, act of
government, state of emergency, or by the occurrence of any event beyond the
control of such party, then such party shall be excused from the performance of
the obligations under this Agreement but only during such period of Force
Majeure.
17. ENTIRE AGREEMENT
This Agreement represents the entire agreement among the parties with respect
to the subject matter covered by this Agreement. There is no other collateral,
oral, or written agreement between the parties that in any manner relates to the
subject matter of this Agreement.
THE TOWN OF WESTLAKE
Date: August 6, 2020
Richard Whitten
Fire Chief
Date: August 6, 2020
APPROVED AS TO FORM
CITY OF WATAUGA
f �
Paul Hackleman, P.E.
Director of Public Works
r
Date: Jt I e/- 1 ;0 2 v
Attest:
APPROVED AS TO FORM AND LEGALITY
City/Town Attorney City/Town Attorney