2017-192 6398 ILA with City of IrvingS:\Legal\Our Documents\0rdinances\1 Nnterlocal Agreement -City of Irving.doc
ORDINANCE NO. 2017-192
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE
CITY OF IRVING, TEXAS TO PROVIDE FOR THE CITIES TO TRANSFER GROUND
MULCH BETWEEN CITIES WHEN AVAILABLE AND NEEDED, AND TO PROVIDE
EMERGENCY LANDFILL AND EQUIPMENT SUPPORT TO ONE ANOTHER, AS
APPROPRIATE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("Denton") and the City of Irving ("Irving") are Texas
home rule municipalities, acting pursuant to Article 11, Section 5, of the Texas Constitution, and
desire to enter into this Agreement under the following terms and conditions; and
WHEREAS, Denton and Irving, being local government of the State of Texas, are
authorized to enter into this Agreement pursuant to Texas Government Code, Chapters 791 and
418, as amended; and
WHEREAS, Denton and Irving desire to enter into this Agreement in order to set forth
the responsibilities for the transfer of ground mulch between the parties and for solid waste
emergency support, as appropriate; and
WHEREAS, the parties are entering into this Agreement in the exercise of their
governmental functions and in the interest of the health, safety, and welfare of the general public.
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS,.
SECTION 1. The findings and recitations contained in the preamble of this Ordinance
are incorporated herein by reference.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Interlocal Agreement on behalf of the City with Irving, and is further authorized to carry out the
rights and duties of the City under the Interlocal Agreement.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the day ,17. of
ClOlt
11x, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ..
I
Page 1
APPROVED AS TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
BY: ,.
STATE OF TEXAS §
COUNTY OF DALLAS §
INTERLOCAL AGREEMENT
I hi H terlaeal greerrtent {4 I;reement i is mac#c-by and between the it3 of
Texas ("Irving"), ("Irving"), and the City of Denton, 'Texas ("Denton") (collectively the "parties" or
the "cities"), acting by and through their authorized officers.
RECITALS:
WHEREAS, Irving and Denton are Texas home rule municipalities, acting pursuant to
Article 11, Section 5, of the Texas Constitution, and desire to enter into this Agreement
under the following terms and conditions; and
WHEREAS, Irving and Denton, being local governments of the State of Texas, are
authorized to enter into this Agreement pursuant to Texas Government Code, Chapters
791 and 418, as amended; and
WHEREAS, Irving and Denton desire to enter into this Agreement in order to set forth
the responsibilities for the transfer of ground mulch between the parties and for solid
waste emergency support, as appropriate; and
WHEREAS, the parties are entering into this Agreement in the exercise of their
governmental functions and in the interest of the health, safety, and welfare of the general
public;
NOW THEREFORE, in consideration of the mutual covenants and promises contained
herein, the parties agree as follows:
1. Scope and Purpose of Agreement:
A. The purpose of this Agreement is to transfer ground mulch product
between Irving and Denton and provide support in solid waste emergency
operations, as appropriate.
B. Description of Location(s):
City of Irving, Hunter Ferrell Landfill, 110 E. Hunter Ferrell Road, Irving, Texas
75060, and the City of Denton, Landfill at ECO-W.E.R.C.S Resource Recovery
Park, 1527 S. Mayhill Rd., Denton, Texas 76208.
C. Obligations of the Parties:
MULCH (transfer)
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Irving has an available inventory of ground mulch product it will provide at
no cost to Denton.
Irving will provide ground mulch in excess of its needs to Denton.
Irving will provide access to ground mulch at the Irving Hunter Ferrell
Landfill.
Irving will provide 60 percent of the existing ground mulch at the time of
execution of this Agreement.
Irving agrees to produce ground mulch each month and to make at least 50
percent of that ground mulch produced available for Denton.
hiving will provide the equipment and manpower required to load the ground
mulch into vehicles belonging to Denton.
Denton will provide the vehicles and manpower required to transport the
ground mulch from the City of Irving to the City of Denton.
If at any point during the term of this Agreement Irving needs ground mulch
and Denton has any excess ground mulch available, the cities agree that
Irving will be allowed access to Denton's ground mulch provided that Irving
provide the manpower and equipment to transport the ground mulch and
Denton will provide the manpower and equipment to load the ground mulch.
The cities agree to provide ground mulch at no cost to the other city.
EMERGENCY SUPPORT (if needed)
Irving and Denton will provide appropriate assistance to one another when
requested in accordance with Texas Gov't Code Chapters 791 and 418, as
amended. This assistance can be in the form of access to each city's landfill,
use of landfill type equipment, etc., and is hereby authorized by the
governing bodies of the cities pursuant to Texas Gov't Code Chapters 791
and 418, as amended.
Access to and use of either city's landfill will be done to accommodate
natural disasters, unforeseen permit issues, etc. Each city agrees to pay the
other the lowest wholesale rate per ton of waste hauled to the other's landfill.
Use of each other's landfill type equipment will be allowed only when it will
not impact the other's operations. Each city agrees to pay the other a
negotiated per week rental rate for use of the equipment. The city "renting"
the equipment is responsible for the transport of the equipment from one site
to the other. Additionally, the renting city agrees to perform scheduled
preventive maintenance while it has the equipment onsite. Each city will
have a representative perform a walk -around inspection prior to rental to
identify any pre-existing conditions. Should the renting city damage the
piece of rental equipment, the renting city agrees to repair the rental
equipment to its pre -damaged condition.
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The cities agree to consider any reasonable request from the other to address
urgent or emergency situations.
D. Apportionment of Liability: Each party is responsible for the acts or
omissions of its officials, employees and agents. In the event of joint and
concurrent negligence, Irving and Denton agree that responsibility shall be
apportioned comparatively without waiving any governmental immunity
or defenses available to the parties under Texas law. This obligation shall
be construed for the benefit of the parties hereto, and not for the benefit of
any third parties nor to create liability for the benefit of any third parties.
E. Limitations of Authority:
1) Neither party may incur any debt, obligation, expense, or liability
of any kind on behalf of the other party without the other's express
written approval.
2) Under no circumstances shall either party be deemed an employee
or agent of the other.
2. Term: Subject to prior termination or revocation of this Agreement as provided
herein, the initial term shall be in full force and effect for a period of three years. This
Agreement will automatically renew for a one-year period on the anniversary of each
year, unless notice of termination is given as provided in this Agreement.
3. Termination: Termination of this Agreement is within the sole discretion of
either party, with or without cause, upon 90 days' written notice to the other party.
4. Compensation: Each party agrees that services rendered under this Agreement
are adequately compensated by the services received.
5. Applicable Law: This Agreement shall be governed by the laws of the State of
Texas applicable to contracts made and performed therein.
6. Venue: Venue to enforce this Agreement shall lie exclusively in Dallas County,
Texas.
7. Waiver: The failure of any party hereto to exercise the rights granted herein shall
not in any event constitute a waiver of any such rights.
8. Assignment: Neither party may assign its interest in this Agreement without the
written permission of the other party.
9. Notice: All notices required or permitted to be given pursuant to this Agreement
shall be in writing and shall be considered properly given if sent by facsimile
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transmission or mailed by certified mail, return receipt requested, postage prepaid, and
addressed as follows:
City of Denton
To: A. Vance Kemler, General Manager
1527 S. Mayhill Rd.,
Denton, Texas 76208
City of Irving
To: Brenda A. Haney, Solid Waste Services Director
110 E. Hunter Ferrell Road
Irving, Texas 75060
Either party reserves the right to designate in writing to the other party any
change of name, change of person, or address to which the notices shall be
sent.
10. Nondiscrimination: Parties to this Agreement shall not discriminate on the basis
of race, sex, national origin, disability, or religion.
11. Current Revenues: Each party paying for the performance of governmental
functions or services in this Agreement must make those payments from current revenues
available to the paying party.
12. Entire A14reement: This Agreement constitutes the entire agreement and
understanding of the parties and may only be changed by written amendment executed by
the parties.
13. Severability: In the event any provision of this Agreement shall be held invalid
or unenforceable by any court of competent jurisdiction, such holding shall not invalidate
or render unenforceable any other provision hereof.
14. Force Maieure: Neither of the parties to this Agreement shall be deemed in
violation of the Agreement if prevented from performing any of the obligations hereunder
by reason of strikes, boycotts, labor disputes, acts of God, acts of a public enemy, acts of
superior governmental authority, riots, rebellion, sabotage, or any other circumstances for
which it is not responsible or which is not in its control.
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15. Insurance: Each party is self-insured and will obtain any additional insurance as
is necessary to perform the obligations under this Agreement in accordance with Texas
law.
16. Relationship of Parties: This Agreement is not intended to create, nor should it
be construed as creating, a partnership, association, joint venture, or trust.
17. Remedies: No right or remedy granted herein or reserved to either party is
exclusive of any other right or remedy provided or permitted by law or equity; but each
shall be cumulative of every other right or remedy given hereunder. Nothing contained in
this Agreement is intended to, and does not, waive any immunities afforded to the parties
under federal or state law.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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EXECUTED in multiple original counterparts effective as of the
of 2017.
City of Irving, Texas
By: Date:
Beth Van Duyne,
Mayor
ATTEST:
Shanae Jennings, City Secretary
APPROVED AS TO FORM:
Kuruvilla Oommen
City Attorney
City of Denton, Texas
ATTEST:
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Date: -7 /j. o
day
Acknowledgment
THE STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for said County
and State, on this day personally appeared , of the
known to me to be the person and officer whose
name is subscribed to the foregoing instrument and acknowledged to me that the same
was the act of the said , a governmental entity, that (s)he is duly
authorized to perform the same by approval from the of such and
that (s)he executed the same as the act of the said governmental entity for purposes and
consideration therein expressed, and in the capacity therein stated.
Name)
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
A.D., 20
My Commission Expires:
Notary Public In and For the State of Texas
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Mayor's Acknowledgment
THE STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for said
County and State, on this day personally appeared Beth Van Duyne, Mayor of the City of
Irving, Texas, a municipal corporation, known to me to be the person and officer whose
name is subscribed to the foregoing instrument and acknowledged to me that the same
was the act of the said City of Irving, Texas, a municipal corporation, that she was duly
authorized to perform the same by appropriate resolution of the City Council of the City
of Irving and that she executed the same as the act of the said City for the purposes and
consideration therein expressed, and in the capacity therein stated.
Beth Van Duyne, Mayor
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
A.D., 20
Notary Public In and For the State of Texas
My Commission Expires:
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