R-2208-9-03RESOLUTION NO. 2208-9-03(R)
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN
INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF
ALLEN, TEXAS, AND THE CITY OF PLANO, TEXAS, FOR THE REPAIR AND
MAINTENANCE OF FIRE DEPARTMENT VEHICLES AND EQUIPMENT;
AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Allen, Collin County, Texas, has been presented a proposed
Interlocal Cooperation Agreement by and between the City of Allen, Texas, and the City of Plano, Texas, for the
repair and maintenance of Fire Department vehicles and equipment, a copy of which is attached hereto and
incorporated herein by reference; and,
WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City
Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the City
Manager should be authorized to execute the Agreement on behalf of the City of Allen, Collin County, Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1: The Agreement attached hereto having been reviewed by the City Council of the City of
Allen, Collin County, Texas, and found to be acceptable and in the best mterest of the City and its crowns,
' be, and the same is hereby, in all things approved, and the City Manager is hereby authorized to execute the
Agreement on behalf of the City of Allen, Collin County, Texas.
SECTION 2: This resolution shall become effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 0m DAY OF SEPTEMBER, 2003.
APPROVED:
StephenTerrell, MAYOR
ATTEST:
Shale ley B. Geo C, CITY SWCRETARY
INTERLOCAL AGREEMENT BETWEEN CITY OF ALLEN AND
CITY OF PLANO FOR REPAIR AND MAINTENANCE OF FIRE
DEPARTMENT VEHICLES AND EQUIPMENT
THE STATE OF TEXAS §
COUNTY OF COLLIN §
THIS AGREEMENT is made and entered into by and between the CITY OF
PLANO, a home rule municipal corporation located in Collin and Denton Counties and
hereinafter referred to as "Plano" and the CITY OF ALLEN, a home rule municipal
corporation located in Collin County, hereafter referred to as "Allen";
WITNESSETH:
WHEREAS, this Agreement is made pursuant to the Interlocal Cooperation Act,
V.T.C.A., Government Code, Chapter 791 (the "Act'); and
WHEREAS, Plano and Allen are local governments as defined by the Act
engaged in the provision of governmental services to their respective citizens; and
WHEREAS, fire protection and control is a governmental function performed by
Allen and Plano for their citizens as is the repair and maintenance of fire protection
vehicles and equipment; and
WHEREAS, Allen does not have the necessary facilities or equipment to
effectively and efficiently repair and maintain its fire department vehicles and equipment;
and
WHEREAS, Plano has adequate facilities, equipment and manpower to provide
repair and maintenance services for Allen's Fire Department vehicles and equipment; and
WHEREAS, Allen has current funds available to compensate Plano for the parts
and services provided pursuant to this Agreement.
NOW, THEREFORE, Plano and Allen for the mutual consideration stated
herein, agree as follows:
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I.
EFFECTIVE DATE
The effective date of this Agreement is April 1, 2003.
II.
SCOPE OF SERVICES
1. Plano will provide the facilities, equipment, and labor necessary to
perform preventative maintenance, in -shop repairs and road -call services to Allen's Fire
Department vehicles and equipment as designated by Allen.
2. Parts will be provided by Plano at Plano's cost.
3. Allen will designate the vehicles and equipment to be repaired or to
receive preventative maintenance and will provide the schedule for preventative
maintenance.
4. Plano will perform maintenance and repair services at the Plano
Equipment Services Shop, located at 4200 W. Plano Parkway, Plano, Texas 75075.
Allen is responsible for transportation and/or towing of vehicles to Plano's Shop.
5. Plano will warrant its repairs and maintenance work for thirty (30) days.
This warranty does not cover parts, operator abuse, accidental damage caused by
operation, modifications made by owner or vandalism.
6. Plano will provide repair and maintenance services to Allen on an "as
available" basis. Plano's primary obligation is to service and repair Plano vehicles and
equipment. In case of a conflict between Plano's obligation to repair or maintain its own
vehicles over repairing or maintaining Allen's vehicles, repair and maintenance of Plano
vehicles and equipment shall take precedence. The Equipment Services Manager for
Plano ("Manager") will determine when Plano has available staff, equipment and
facilities to maintain or repair Allen Fire Department vehicles and equipment.
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III.
COMPENSATION
1. Allen agrees to pay Plano Sixty -Five Dollars ($65.00) per hour for labor
plus the cost of parts for in -shop repairs, preventative maintenance, and road -call services
provided under this Agreement. Following the initial term of this Agreement, the labor
rate is subject to change, dependant on shop operational costs.
2. Allen agrees to pay for all services and parts provided by Plano within
thirty (30) days of receipt of an invoice. All payments will be made from current
revenues available to Allen.
IV.
TERM
The initial term of this Agreement shall be for a period beginning April 1, 2003
and ending March 31, 2004. Thereafter, upon mutual agreement of the parties hereto,
this Agreement may be renewed annually for three (3) successive twelve (12) month
terms commencing on April 1st of each year, unless terminated earlier by either Plano or
Allen as set forth below.
V.
RELEASE AND HOLD HARMLESS
Each party to this Agreement does hereby agree to waive all claims against,
release, and hold harmless the other party and its respective officials, officers, agents, and
employees, in both their public and private capacities, from any and all liability, claims,
suits, demands, losses, damages, court costs and attorneys fees, including all expenses of
litigation or settlement, for personal injuries (including death) and/or damage/loss to
property (including loss of use of the property) arising out of or in connection with the
services provided under this Agreement.
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VI.
NONWAIVER
It is expressly understood and agreed that, in the execution of this Agreement,
each party does not waive nor shall either party be deemed hereby to have waived any
immunity or defense that would otherwise be available to it. It is further agreed that one
(1) or more instances of forbearance by either party in the exercise of its rights herein
shall in no way constitute a waiver thereof.
VII.
FISCAL FUNDING
Allen and Plano recognize that the continuation of any contract after the close of
the fiscal year of Plano or Allen, which fiscal year ends on September 30th of each year,
shall be subject to approval by the City Council of both Allen and Plano. In the event
that either City Council does not approve the appropriation of funds for this Agreement,
the Agreement shall terminate at the end of the fiscal year for which funds were
appropriated and the parties shall have no further obligations hereunder.
VIII.
TERMINATION
1. The parties to this Agreement may, without cause, and without prejudice
to any other remedy it may be entitled to at law, in equity, or otherwise under this
Agreement, terminate further work under this Agreement, in whole or in part by giving at
least thirty (30) days prior written notice thereof to the other with the understanding that
all services being provided to Allen shall cease upon the date such notice is received.
2. Allen agrees to pay for all services provided by Plano up through the date
that written termination notice is received by Plano.
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IX.
SUCCESSORS AND ASSIGNS
Neither Plano nor Allen will assign, sublet, subcontract or transfer any interest in
this Agreement without the written consent of the other party. No assignment, delegation
of duties or subcontract under this Agreement will be effective without the written
consent of the other party. Subject to the provision regarding assignment, this Agreement
shall be binding on the administrators, legal representatives, successors, and assigns of
the respective parties.
Y,
VENUE
The validity of this Agreement and of any of its terms or provisions, as well as the
rights and duties of the parties hereunder, shall be governed by the laws of the State of
Texas. The parties agree that it is performable in Collin Courtly, Texas and that exclusive
venue shall be in Collin County, Texas.
XI.
CONTRACT INTERPRETATION
Allen and Plano agree that this is a negotiated Agreement and should any part be
in dispute, the parties agree that the Agreement shall not be construed more favorably for
either party.
XII.
SEVERABILITY
In case one or more of the provisions contained in this Agreement shall be for any
reason held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provisions thereof and this
Agreement shall be construed as if such invalid, illegal or unenforceable provision had
never been contained herein.
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XIII.
ENTIRE AGREEMENT
This Agreement contains all commitments and agreements of the parties hereto in
connection with maintenance of fire apparatus, and no other oral or written commitments
shall have any force or effect if not contained herein.
XIV.
DUPLICATE COPIES
In order to facilitate execution, each party hereto may execute a duplicate original.
EXECUTED by the Cities of Plano and Allen, each respective governmental
entity acting by and through its City Manager or other duly authorized official as required
by law, on the date herein below specified.
Date: /';V9,3
APPROVED AS TO FORM:
ter G. Smith, City Attorney
CITY OF ALLEN, TEXAS, a Home Rule
Municipal Corporation
By:F-✓
PETER .V GAS
City Mafager
CITY OF PLANO, TEXAS, a Home Rule
Municipal Corporation
Date: L13 _y: , r dyY.e��P
O S H. M EHLENBEC1
City Manager
APPROVED AS TO FORM:
` ••
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ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on the n day of
n. 2003 by PETER H. VARGAS, City Manager of the CITY OF
ALLEN, N, a home -rule municipal corporation, on behalf of said corporation.
�'4
MR
1� ��( , d�
STATE OF TEXAS
COUNTY OF COLLIN
Notary PAlic in and for the
State of Texas
T i §mem was acknowledged before me on the Z day of
2003 by THOMAS H. MUEHLENBECK, City Manager of the
O4FPLANO, TEXAS, shone -rule municipal corporation, on behalf of said
I
corporation.
Notary and for the
�+ :a; RAR9ARA NE7ELL State of Teras
S y ^? Notary Public
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