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HomeMy WebLinkAboutItem 05 - Fleet Services45-,*, - - ITEM MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, ACTING CITY MANAGER ?X" MEETING DATE: OCTOBER 11, 2005 SUBJECT: INTERLOCAL AGREEMENT — FOR PROVISION OF FLEET SERVICES TO THE CITY OF COLLEYVILLE RECOMMENDATION: City Council consider approval of an Interlocal Agreement (renewal) with the City of Colleyville for provision of services to maintain the City of Colleyville's fire protection vehicles by the City of Grapevine Fleet Services Division, authorize staff to execute said agreement and take any necessary action. FUNDING SOURCE: Funding for labor and parts expended to maintain the City of Colleyville fire protection vehicles would be recouped by payments from the City of Colleyville. Payments are due 30 days from the date of invoice. BACKGROUND INFORMATION: In October 2000, an Interlocal Agreement was entered into by the City of Grapevine to maintain the City of Colleyville fire vehicles. Each year, the two cities have chosen to extend the agreement for a one-year period. The City of Colleyville has been satisfied with the services provided under this Interlocal Agreement and requests that it be continued for another one-year period. As in the original agreement, the fire protection fleet of vehicles belonging to the City of Colleyville consists of twelve vehicles, eight of which are emergency response vehicles and four are of an administrative nature. The eight emergency vehicles will carry the same priority level of service as Grapevine Fire emergency vehicles. Staff does not anticipate any adverse impact on the level of service provided to our own fleet vehicles. The agreement with the City of Colleyville is identical to last year's agreement with the exception of the fees charged. The Labor Rate has been increased from $55.50 per hour to $65.50 per hour. In last year's contract, parts had a 12% upcharge that has been increased to 20% in this year's contract. Staff recommends approval. RHP/MAS October 5, 2005 2:27PM STATE OF TEXAS § COUNTY OF TARRANT § INTERLOCAL AGREEMENT BETWEEN THE CITY OF GRAPEVINE AND THE CITY OF COLLEYVILLE FOR THE PROVISION OF SERVICES TO MAINTAIN THE CITY OF COLLEYVILLE'S FLEET OF VEHICLES BY THE CITY OF GRAPEVINE. This Interlocal Agreement ("Agreement") for the provision of services to maintain the City of Colleyville's fleet of vehicles by the City of Grapevine is made and entered into by and between the City of Grapevine, Texas, a municipal corporation located in Tarrant County, Texas (hereinafter referred to as "Grapevine") and the City of Colleyville, a municipal corporation located in Tarrant County, Texas (hereinafter referred to as "Colleyville"). This agreement shall be for a total period described below, the fleet of vehicles shall be defined initially as vehicles belonging to the Colleyville Fire Department. WHEREAS, the City of Colleyville is interested in maintaining its vehicles at a cost effective rate to provide municipal services to the Citizens of Colleyville; and WHEREAS, the City of Grapevine has an award winning fleet services department that is capable of providing fleet maintenance services at a cost effective rate; and WHEREAS, Colleyville has requested Grapevine make service available for the fire vehicles and apparatus owned by the City of Colleyville; and WHEREAS, Colleyville shall provide funding for this maintenance service as provided herein; and WHEREAS, it is mutually advantageous to both parties to enter into this agreement; and WHEREAS, Texas Government Code, Chapter 791 (the "Act"), provides authorization for political subdivisions to contract with one another for the performance for governmental functions and services under the terms of the Act: WITNESSETH NOW, THEREFORE, for and in consideration of the mutual covenants, terms and conditions set forth herein, and the mutual benefits to each party, the receipt and sufficiency of which are hereby acknowledged, Colleyville and Grapevine hereby contract, covenant, warrant and agree as follows: I All of the matters stated in the preamble of the Agreement are true and correct and are hereby incorporated into the body of the Agreement as though fully set forth in their entirety herein. OBLIGATIONS OF THE PARTIES 1. Colleyville shall provide funding per Attachment A to Grapevine to receive in the maintenance and related services outlined in Attachment A. Such funding shall be paid within thirty (30) days of receipt of invoice. Such payments shall be made payable to the City of Grapevine and sent to the attention of Fleet Services, City of Grapevine, 601 Shady Brook Drive, Grapevine, Texas 76051. 2. Grapevine agrees to invoice Colleyville on a monthly basis for fleet maintenance services provided to the City of Colleyville and send those invoices to the attention of the Fire Department, City of Colleyville, 1900 Hall -Johnson, Colleyville, Texas 76034. 3. The term of this Agreement shall be for a period of approximately twelve (12) months from the date of execution, and shall be able to be extended and or expanded for a period agreed upon by both City Councils, and shall not create any expectancy or claim of entitlement to fleet maintenance service beyond the completion of the period without further action by both councils. Either party may terminate this Agreement, with or without cause, upon providing thirty (30) days written notice of same. INDEMNIFICATION AND HOLD HARMLESS 1. To the extent allowed by law, Colleyville agrees to indemnify and hold Grapevine harmless from any claim by a third party for damages arising from or resulting from the use or operation of Colleyville motor vehicles through provision of fire protection services by Colleyville to the extent of Colleyville's liability under the Texas Tort Claims Act; provided, however, nothing herein shall require Colleyville to indemnify and hold harmless Grapevine for acts for which Colleyville has no liability under Texas Law. 2. Colleyville shall maintain motor vehicle liability insurance in an amount sufficient to fulfill its obligation herein. 3 IN NOTICES Any notice required to be given under this Agreement shall be deemed to have been adequately given if deposited in the United States mail in an envelope with sufficient postage and properly addressed to the other party as follows: TO GRAPEVINE: City of Grapevine P.O. Box 95104 Grapevine, Texas 76099 Attention: City Manager TO COLLEYVILLE: City of Colleyville 100 Main Street Colleyville, Texas 76034 Attention: City Manager A change of address may be made by either party upon the giving of ten (10) days prior written notice. 9 MISCELLANEOUS PROVISIONS 1. This Agreement shall be binding upon and insure to the benefit of the parties hereto and their respective successors and assigns. 2. This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter hereof. 3. No amendment, modification or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties. 4. This Agreement may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 5. If, in case any one or more of the provisions contained in the Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 6. The obligations and undertakings of each of the parties to this Agreement are and shall be performable in Tarrant County, Texas. 7. Each party hereto warrants that it has received authority from its governing body to enter into this Agreement. 8. The Fleet Services Management Details document Attachment "A" is hereby made a part of this Interlocal agreement. 9. The parties hereto acknowledge that its obligations hereunder are payable from current revenues. EXECUTED this the day of CITY OF GRAPEVINE, TEXAS Bruno Rumbelow, City Manager ATTEST: Linda Huff, City Secretary 2005. CITY OF COLLEYVILLE, TEXAS Bill Lindley, City Manager ATTES oInthial-Singleton, TR , Secretary CITY COUNCIL APPROVED SEP 2 0 2005 City Attorney City of Grapevine, Texas STATE OF TEXAS § COUNTY OF TARRANT § APPROVED AS TO FORM: City Attorney City of Colleyville, Texas This instrument was acknowledged before me on the 'day of 2005, by Mr. Bruno Rumbelow, City Manager, City of Grapevine, for the purposes and consideration therein expressed. Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on theqK� 44 day oOL24/�2005, by Bill Lindley, City Manager, City of Colleyville, for the purposes andconsideration 0 therein expressed. 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