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Home My WebLink About1996-189ORDINANCE NO. 01 G -1 8q AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE A INTERLOCAL AGREEMENT WITH THE CITY OF GAINESVILLE, TEXAS FOR PURCHASE OF VARIOUS GOODS AND SERVICES BY WAY OF A PURCHASE ORDER TO THE CITY OF DENTON AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I- That the City Manager is authorized to execute an interlocal agreement between the City of Denton and the City of Gainesville for the rental of a ten foot (101) tub grinder, under the terms and conditions, contained in said interlocal agreement, which is attached hereto and made a part hereof ny.rTTON II. That the City Council hereby authorizes the expenditure of funds in the manner and amount as specified in the agreement attached. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 3a day of 1996. J10MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERRTTJ L /PRRO•UTY, CCITY AT RNEY BY. INTER OR DATE SEPTEMBER 3,1996 TO Mayor and Members of the City Council FROM Ted Benavides, City Manager SUBJECT INTERLOCAL AGREEMENT BETWEEN CITY OF DENTON AND CITY OF GAINESVILLE RECOMMENDATION: We recommend this mterlocal agreement be approved to allow the use of a Vermeer 10 foot (10') Tub Grinder for grinding brush, trees, stumps and wood products at the City of Denton Landfill SUMMARY: The mterlocal agreement was approved by the Gainesville, Texas City Council on August 1, 1996 The agreement would allow the City of Denton to rent a 10' tub grinder from the City of Gainesville at the rate of $200 00 per hour The grinder was purchased by the City of Gainesville several years ago to assist in clean up activities after a tornado storm passed through their city The unit now has considerable idle time and the City of Gainesville has offered to rent this unit to the City of Denton at a discounted rate in an attempt to recover some of the cost The City of Denton owned unit currently in use at our landfill is considerably behind due to the amount of brush collected and the sorting efforts of the landfill staff The additional grinder from Gainesville would allow us to catch up and also compliment our on -going composting of wastewater sludge program Our landfill supervisor, Mr David Dugger, has estimated that a 50 hour usage time period would allow us to catch up and eliminate our current brush backlog He has also indicated this unit would only be used as required BACKGROUND, Interlocal agreement approved by City of Gainesville City Council, August 1, 1996 pR GRAMS, DEPARTMENTS OR GROiIPS_AFFEQTED: City of Denton Landfill and Composting Operations as well as the City of Gainesville FISCAL IMPACT: The initial 50 hours at $200 00 per hour ($10,000 00) are available in the 1996/97 budget Prepared by Tom D Shaw, C P M Title Purchasing Agent 761 age Respectfully submitted Te enavides City Manager THE STATE OF TEXAS § § COUNTY OF COOKE § INTERLOCAL AGREEMENT This Agreement is entered into on the date below written, by and between the City of Gainesville, a home rule municipality of the State of Texas, ("GAINESVILLE"), and the City of Denton, a home rule municipality of the State of Texas ("DENTON"), each acting by and through their respective governing boards. WHEREAS, the City of Gainesville and the City of Denton are Municipal Corporations and Local Governments who are authorized to enter into this agreement under Chapter 791 of the Government Code "Interlocal Corporation Contracts"; WHEREAS, each party to this Agreement is authorized to perform the governmental function or service contracted for herein; WHEREAS, this Agreement is duly authorized by the governing body of each party to the Agreement, and WHEREAS, the purpose of this Agreement is to increase the efficiency and effectiveness of each party through the mutual agreements herein contained. NOW THEREFORE, GAINESVILLE and DENTON AGREE as follows. 1. Purpose. The purpose of this agreement is to provide for the use by the City of Denton of one (1) Vermeer ten foot (101) tub grinder and to provide terms and conditions for said use. 2. Usage of Tub Grinder. Gainesville agrees to permit usage of the Vermeer tub grinder by the City of Denton upon the following specific terms: a. Transportation: Transportation of the tub grinder shall be the responsibility of Gainesville at its sole cost b. Personnel and Other Equipment: Gainesville shall provide one operator of the equipment, who shall direct the operation of the tub grinder Denton shall provide one front end loader and one loader operator to load material into the tub grinder or, in the alternative, shall provide such other equipment and labor as may be needed to pull out contaminants from brush piles. c. Materials Specifications The operator provided by the City of Gainesville shall have discretion to reject any materi- als which in his opinion may be dangerous to the safety or integrity of the tub grinder. The following specifications shall apply to material to be placed in the tub grinder: (1) Brush, trees, logs, and stumps shall be limited to less than ten feet (10' ) in length and no more than eighteen inches (1811) in diameter, (2) Materials to be ground will be free of any and all contaminants such as metals, steel, steel bars, car parts, household goods, tires and any hazardous solids or liquids. If any such contaminants are found in the materials to be ground, Denton shall provide laborers for the removal of such contaminants, and shall be solely responsible for their disposal d. Fuel: During the use of said tub grinder by Denton, Denton shall provide fuel for Gainesville's use, the cost of which shall be subtracted from the final consideration paid by Denton under this Agreement. 3. Consideration. The parties agree that as consideration for use of the tub grinder as provided herein, the City of Denton shall: a. Pay to the City of Gainesville $ 20 per hour of machine operation, excluding transportation time. b. Pay said consideration to the City Manager of the City of Gainesville, in a lump sum within thirty (30) days follow- ing its receipt of billing by the City of Gainesville. 4 Damage to Tub Grinder. Gainesville shall be responsible for all normal maintenance costs associated with grinding brush acceptable under the terms of this agreement. In the event that any repairs are necessitated due to the introduction of any contaminated or prohibited materials into the grinding operation Denton shall be responsible for the cost of all such repairs, which shall be made by the Vermeer Factory repair shop in Dallas, Texas, payment for which shall be made within ten (10) days of Denton's receipt of a statement of charges from Gainesville. 5. cooperation Between Parties. Denton agrees to cooperate with the Director of Public Works of the City of Gainesville in using the equipment and personnel provided for under this Agree- ment, who shall control such matters as may be reasonably necessary to carry out the terms of this Agreement. 6. Liability and Indemnity. To the extent allowed by law, each party agrees to and shall indemnify and hold harmless and defend the other, its officers, agents and employees from and against any and all third party claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs and attorney's fees, for injury or death Intertocel Agreement Pepe 2 of 4 of any person, or for damage to any property, arising out of or in connection the activity conducted under this Agreement, based solely upon the negligent or intentional acts or omissions of the indemnitor, its officers, employees, agents, subcontractors or licensees. Otherwise, each party shall be responsible for its own actions and the cost associated with defending itself or satisfying any such claims, losses, damages or judgment filed against the party. 7. Authority to Enter Agreement. It is agreed that each party is authorized by law to perform the functions specified in this Agreement and that each party is making payments under this Agreement from current revenues. 8. Fair compensation. It is further agreed that the amount of payments to be made under this Agreement are deemed by all parties to fairly compensate each party for the performing of the services or functions performed under this Agreement 9 Additional Use. This Agreement provides for a single period of use of the Vermeer tub grinder by the City of Denton. The parties may agree to allow additional periods of use under the same terms and conditions, provided that the City of Gainesville may adjust the compensation payable by the City of Denton if said consideration is in the sole opinion of the City of Gainesville found not to be fair consideration for such use. In that event, the City of Gainesville shall notify the City of Denton as to consideration to be paid for any future use. 10. Governing Law. This Agreement shall be governed by the laws of the State of Texas. 11. Entire Agreement. This instrument contains the entire agreement between the parties with respect to the transaction contemplated in this Agreement. 12. Counterparts. This Agreement may be executed in two (2) counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 13. Attorney's Fees. In the event of litigation regarding this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the following dates. EXECUTED BY THE CITY OF GAINESVILLE, this the _ day of 1996. Interlocal Agreement Page 3 of 4 CITY OF GAINESVILLE, TEXAS ATTEST: e RITA GRAY, CITY SECRETARY EXECUTED BY THE CITY OF DENTON, this the day of ��j 1996. CITY OF DENTON, TEXAS BY: JACK4MI,YOR� ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: / C \LIPDOCS\K\INTRLCL AGR InterlocaL Agreement Page 4 of 4