HomeMy WebLinkAboutResolution 24-61 ILA Watauga Auto Maint ServResolution 24-61
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TOWN OF WESTLAKE
RESOLUTION NO. 24-61
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
AUTHORIZING THE TOWN OF WESTLAKE TO ENTER INTO AN INTERLOCAL
AGREEMENT WITH THE CITY OF WATAUGA FOR VEHICLE REPAIRS AND
MAINTENANCE.
WHEREAS, the City of Watauga, Texas ("WATAUGA") and the Town of Westlake,
Texas ("WESTLAKE") have the authority to enter into this Interlocal Agreement pursuant to
Chapter 791, Texas Government Code; and
WHEREAS, both WATAUGA and WESTLAKE recognize the mutual benefit and
interest in entering into an Agreement for vehicle maintenance services, as outlined in the Service
Level Agreement (the “Service Level Agreement”) attached hereto; and
WHEREAS, the execution of this Interlocal Agreement will facilitate vehicle maintenance
services to WESTLAKE, thereby supporting the objectives of both municipalities while ensuring
cost-effective service delivery and prudent use of taxpayer funds; and
WHEREAS, all payments collected by WATAUGA for vehicle maintenance services
provided to WESTLAKE will be considered revenue to WATAUGA, and WESTLAKE shall
comply with payment requirements as prescribed by Texas Government Code Chapter 2251
(Prompt Payment Act); and
WHEREAS, WESTLAKE agrees to utilize the non-exclusive vehicle maintenance
services provided by WATAUGA as outlined in the Agreement for the maintenance of
WESTLAKE vehicles and equipment;
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: The Town Council hereby approves the Interlocal Agreement between the
City of Watauga and the Town of Westlake for vehicle maintenance services and authorizes the
Mayor to execute the Agreement on behalf of the Town of Westlake.
SECTION 3: The Town Council acknowledges and agrees to the terms and conditions
as specified in the Interlocal Agreement, including the following:
ILA Westlake/Watauga Vehicle Maintenance Services Resolution 24-61 Page 1
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 has 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 Chapter 2251
(Prompt Payment Act); and
WHEREAS, WESTLAKE agrees to utilize the non-exclusive vehicle maintenance
services provided by WATAUGA, in this agreement for the purposes of vehicle maintenance to
WESTLAKE vehicles and equipment, and
NOW, THEREFORE, in consideration of the mutual representations, terms and covenants
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.
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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 – WATAUGA
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.
c. Other than the foregoing warranties, WATAUGA makes no other warranties,
guaranties or representations regarding parts or labor.
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 - $139.22 + parts
b. Heavy duty PM - $2,497.87 + parts
c. Other repairs invoiced at cost plus labor rate of $139.22 per hour + parts
d. Parts invoiced at cost plus 25%
e. Transporting of equipment shall be billed out at the hourly rate of $139.22 an hour.
f. Dispatch Watauga Service truck to repair equipment in field will be charged a
$69.61 service call - $174.02/hr + parts during normal working business days from
7:00 am till 4:00 pm or $208.82/hr for afterhours + parts
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 (CPI-U) for Series Title, Motor
Vehicle repair in the U.S. city average, all urban consumers (Series ID
CUSR0000SETD03) 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
April 2024 CPI-U for this series was 268.324. 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.
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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: accountspayable@wataugatx.org
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 Fiscal 2024/2025 budget year, beginning on
October 1, 2024 and expiring on September 30, 2025. 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
indefinitely. 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
ILA Westlake/Watauga Vehicle Maintenance Services Resolution 24-61 Page 4
timely pay any amounts due under the provisions of this Agreement shall be a material breach
of this Agreement and WATAUGA may, in addition to any other remedy, 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 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 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
a. WESTLAKE shall pay invoices received in accordance with the Texas Prompt
Payment Act, and expressly waives immunity from suit in any action by Watauga to
recover past due amounts. Westlake holds harmless, releases and waives Watauga
from and against any and all claims, losses damages and liability arising under this
Agreement and the services provided hereunder.
b. WESTLAKE shall at all times be responsible for submitting the appropriate documents
with a request for Services to WATAUGA.
c. WESTLAKE shall be responsible for the delivery and pick-up of vehicles or equipment
requiring services.
d. WESTLAKE shall be responsible for insuring vehicles and equipment.
12. SOVEREIGN IMMUNITY
Except as otherwise provided herein, neither party to this 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.
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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.
9/3/2024