1996-189 O IN CE NO. q 'l F9
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 PROVIDiNGAN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
S~~ That the C~ty Manager Ks authorized to execute
an ~nterlocal agreement between the Czty of Denton and the C~ty of
Galnesville for the rental of a ten foot (10') tub gr~nder, under
the terms and conditions, contained in sa~d interlocal agreement,
which is attached hereto and made a part hereof
SEC~/~IN_II. That the Cmty Council hereby authorizes the
expenditure of funds in the manner and amount as specified in the
agreement attached.
SE~zTION~ That this ordinance shall become effective
inm%ed~ately upon its passage and approval.
PASSED AND APPROVED this the ~AJ day of ~~2~,
1996.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L PROUTY, CITY ATTOP~NEY
DATE SEPTEMBER3, 1996
~CIL REPORT
TO Mayor and Members of the C~ty Council
FROM Ted Benavldes, City Manager
SUBJECT INTERLOCAL AGREEMENT BETWEEN CITY OF DENTON AND CITY
OF GAINESVILLE
RECOMMENDATION: We recommend thts ~nterlocal agreement be approved to allow the use
ora Vermeer 10 foot (10') Tub Grinder for grmdmg brush, trees, stumps and wood products at the
Cxty of Denton Landfill
ISIJMMARY: The lnterlocal agreement was approved by the Gatnesvflle, Texas Ctty Council on
August 1, 1996 The agreement would allow the Ctty of Denton to rent a 10' tub grinder from the
C~ty of Gmnesvflle at the rate of $200 00 per hour
The gnnder was purchased by the Ctty of Oamesvflle several years ago to asstst ~n clean up act~vmes
after a tornado storm passed through their etty The umt now has considerable ~dle ttme and the Cay
of Gtuneswlle has offered to rent this trait to the Ctty of Denton at a d~scounted rate m an attempt
to recover some of the cost
The C~ty of Denton owned umt currently ~n use at our landfill ts considerably behind due to the
amount of brush collected and the somng efforts of the landfill staff The addmonal gnnder from
Gatnesvflle would allow us to catch up and also comphment our on-gomg compostmg of wastewater
sludge program
Our landfill supervisor, Mr David Dugger, has estimated that a 50 hour usage ume period would
allow us to catch up and ehmmate our current brush backlog He has also ~ndicated thts umt would
only be used as reqmred
BACKGROUND. Interlocal agreement approved by Ctty of Omnesvflle C~ty Council, August 1,
1996
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: C~ty of Denton Landfill and
Compostmg Operations as well as the City of Gmnesvfile
FiSCALiMEACT: The mmal 50 hours at $200 00 per hour ($10,000 00) are available tn the
1996/97 budget
Respectfully subm~tt~ed
Ted~enawdes
Prepared by
City Manager
Tom D Shaw, C P M
T~tle Purchastng Agent
761 a~e
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 Galnesvllle, 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 Galnesvllle and the City of Denton are
Municipal Corporations and Local Governments who are authorized to
enter lnto this agreement under Chapter 79I 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 (10') tub
grinder and to provide terms and conditions for said use.
2. Usage of Tub Grinder. Gatnesvllle 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 Galnesvllle at its sole cost
b. Personnel and Other Equipment: Galnesvllle 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 Galnesvllle 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 (18") in diameter,
(2) Materlals 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
materlals 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 Galnesvllle's use, the cost of which
shall be subtracted from the final consideration paid by
Denton under this Agreement.
3. Cons~e~&~ion. The part~es agree that as consideration
for use of the tub grinder as provided herein, the City of Denton
shall:
a. Pay to the city of Gainesvllle $.~.~._~__~ per hour of
machine operatlon, excluding transportation time.
b. Pay said conslderatlon to the C~ty Manager of the C~ty of
Galnesvllle, Ina lump sum within thirty (30) days follow-
ing its recelpt of billing by the City of Galnesvllle.
4 D~u~ge to Tub Grinder. Galnesvllle shall be responsible
for all normal maintenance costs associated w~th grinding brush
acceptable under the terms of thls agreement. In the event that
any repairs are necessltated 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 Galnesvllle.
5. Cooperation Between Parties. Denton agrees to cooperate
with the Director of Public Works of the City of Galnesv~lle 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. Li&bility and Inde~llity. To the extent allowed by law,
each party agrees to and shall lndemnlfy 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, lncludlng all expenses
of litigation, court costs and attorney's fees, for injury or death
lnter[ocat Agreement Page 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
· ndemnltor, its officers, employees, agents, subcontractors or
l~censees. 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&gre®msnt. It is agreed that each party
is authorized by law to perform the functions specifIed in this
Agreement and that each party ~s making payments under this
Agreement from current revenues.
8. Fair Compensation. It ~s 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 C~ty of Denton.
The parties may agree to allow additional periods of use under the
same terms and conditions, provided that the City of Galnesvllle
may ad]ust the compensation payable by the city of Denton if said
consideration is in the sole opinion of the City of Ga~nesvllle
found not to be fair consideration for such use. In that event,
the City of Galnesvllle shall notify the C~ty of Denton as to
conslderat~on to be pa~d 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. Th~s 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.
vEXECUTED BY THE CITY OF GAINESVILLE, th~s the ~ day
of
Inter[ocat Agreanent Page ~$ of 4
CITY OF GAINESVILLE, TEXAS
ATTEST:
RITA GRAY,' ~iTY~ECRETARY
EXECUTED BY THE CITY OF DENTON, thls the .~ day of
!
CITY OF DENTON, TEXAS
BY: ~
JACK MI~, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
r
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
C \~PDOCS\K\INTRLCL AGR
InterLoca[ AgreenNmt Page 4 of 4