1993-173ORDINANCE NO 93 -123
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN DENTON COUNTY AND THE CITY OF DENTON FOR THE
PURCHASE OF FUEL
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the Mayor is hereby authorized to execute an
interlocal agreement between Denton County and the City of Denton for the Purchase
of Fuel, a copy of which is attached here to and incorporated by reference here in
SECTION II That this ordinance shall become effective immediately upon
its passage and approval
PASSED AND APPROVED this the 4;2 day of 1993
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
AP ED A TO LEGAL FORM
DE &A A DRAYOVITCH, CITY ATTORNEY
BY &4-
1617 DCC
DATE SEPTEMBER 21, 1993
CITY COUNCIL REPORT
TO Mayor and Members of the City Council
FROM Lloyd V Harrell, City Manager
SUBJECT INTERLOCAL COOPERATIVEAGREEMENT BETWEEN DENTON COUNTY
AND THE CITY OF DENTON FOR THE PURCHASE OF FUEL
RECOMM4ENDATION We recommend the Interlocal Agreement allowing for Denton
County to purchase fuel and utilize City of Denton fueling facilities be approved
SUMMARY Almost a year ago representatives from Denton County and the City of
Denton began discussing the possibility of Denton County utilizing our fueling
facilities for their local fleet A series of meeting and exchange of documents has
lead to consideration of this Interlocal agreement
This agreement would allow Denton County to be treated like a "Department of the
City" for fueling purposes They agree to pay a fixed markup of 15 per gallon
over our actual cost and we in turn agree to furnish the fuel, facility, and vehicle
records
This agreement appears to be a win-win situation for both entities as well as the local
tax payer
Commissioner Court considered this agreement in regular session, Tuesday,
September 14, 1993 and it appears they will approve the document at their action item
agenda on September 21, 1993
With Council approval we intend to make every effort to have this agreement in place
by October 1, 1993
BACKGROUND Interlocal Agreement
Fleet Services Divisions,
FISCAL IMPACT The 15 cent mark up will generate approximately $ 15,000 per
year based upon Denton County fuel usage estimates of approximately 10,000 gallons
per month
Respectfu y subputt
Lloyd V Harre
Cl Manager
roved
Name Tom AhAaw:~:=,C P M
Title Purchasing Agent
STATE OF TEXAS
COUNTY OF DENTON
INTERLOCAL COOPERATION AGREEMENT
This Agreement is made and entered by and between Denton,
County, a political subdivision of the State of Texas, hereinafter
referred to as "County" and the City of Denton, a home rule munici-
pal corporation of Denton County, Texas, hereinafter referred to as
"City"
WHEREAS, COUNTY is a duly organized political subdivision of
the State of Texas engaged in the administration of County Govern-
ment and related services for the benefit of the citizens of Denton
County, and
WHEREAS, COUNTY, in providing these services to its citizens
utilizes vehicles and requires a source of fuel for operation of
its vehicles, and
WHEREAS, CITY is the owner of certain facilities and equipment
designed for the provision of vehicle fuel, and
WHEREAS, COUNTY desires to utilized the CITY's fueling facili-
ties and equipment, and
WHEREAS, COUNTY and CITY mutually desire to be subject to the
provisions of TEX GOVT CODE ANN ch 791, the Interlocal Coopera-
tion Act and contract pursuant thereto, NOW THEREFORE, COUNTY and
CITY, for the mutual consideration hereinafter stated, agree as
follows
A COVENANTS OF THE CITY
1 CITY shall provide COUNTY with access to its fuel facility
located at 901 Texas Street, Denton, Texas, for the purpose of
obtaining fuel for COUNTY's vehicles This access shall be
provided 24 hours daily within a secure, lighted area upon the
CITY's property
2 CITY shall provide COUNTY with fuel cards to access fueling
facilities The initial number of fuel card issued shall be 93
cards The COUNTY will distribute fuel cards to authorized COUNTY
personnel and billing records shall be maintained by the CITY for
all fuel obtained by the COUNTY based upon the fuel utilized on
each card
8 COVENANTS OF THE COUNTY
1 COUNTY agrees to pay to CITY the amount of One Thousand
Seven Hundred Fifty and no/100 Dollars ($1,750 00) for the initial
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number of fuel cards used to gain access to the CITY's fuel
facility In the event any additional cards are required, the
COUNTY agrees to pay CITY the sum of Five and no/100 Dollars
($5 00) per additional card
2 COUNTY agrees to pay for all fuel provided pursuant to this
Agreement on a per gallon basis at a rate calculated as follows
Actual per gallon cost of fuel as purchased by the City
plus fifteen cents ($0 15) per gallon
3 County agrees upon receipt of monthly statement to remit
any funds owed for fuel usage within thirty (30) days from the date
of said statement
II
CITY and COUNTY agree that CITY makes no warranty of any kind,
express or implied, regarding quality of the fuel or the facilities
provided pursuant to this Agreement COUNTY assumes all risk and
liability resulting from the use of the fuel or facilities covered
by this Agreement
III
Except as provided in the paragraph above, CITY agrees to and
accepts full responsibility for the acts, negligence, and/or omis-
sions of all the CITY's employees, and agents, CITY's subcontrac-
tors, and/or contract laborers doing work under a contact or agree-
ment with CITY in performance of this Agreement with said COUNTY
COUNTY agrees to and accepts full responsibility for the acts,
negligence, and/or omissions of all of the COUNTY's employees, and
agents, COUNTY's subcontractors, and/or contract laborers doing
work under an agreement or contract with COUNTY in performance of
this agreement with CITY It is further agreed that if a claim or
liability shall arise from the joint or concurring negligence of
both parties hereto, it shall be borne by them comparatively in
accordance with the laws of the State of Texas This paragraph
shall not be construed as a waiver by either party of any defense
available to it under the laws of the State of Texas It is
understood that it is not the intention of the parties hereto to
create liability for the benefit of third parties, but that this
agreement shall be for the benefit of the parties hereto
IV
The term of this Agreement shall be for a period of one year
commencing as of October 1, 1993 and ending September 30, 1994
Thereafter, this Agreement shall be renewed for successive
additional one (1) year terms commencing on September 1 of each
year if the COUNTY and CITY agree in writing on or before the first
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day of September to the successive term and the amount of consider-
ation to be paid hereunder for each successive term Either party
may terminate this Agreement at any time upon thirty (30) days
written notice to the other
V
Any notice or other written instrument required or permitted to
be delivered under the terms of this Agreement shall be deemed to
have been delivered, whether actually received or not, when de-
posited in the United States mail, postage prepaid, registered or
certified, return receipt requested, addressed to the parties, as
the case may be, at the following addresses
COUNTY
Denton County, Texas
Attn County Judge
Denton County Courthouse
Denton, Texas 76201
CITY
City of Denton
Attn City Manager
215 E McKinney
Denton, Texas 76201
VI
This Agreement represents the entire and integrated agreement
between COUNTY and CITY and supersedes all prior negotiations,
representations, and/or agreements, either written or oral This
Agreement may be amended only by written instrument signed by both
COUNTY and CITY
VII
This Agreement and any of its terms or provisions, as well as
the rights and duties of the parties hereto, shall be governed by
the laws of the State of Texas
VIII
In the event that any portion of this Agreement shall be found
to be contrary to law, it is the intent of the parties hereto that
the remaining portions shall remain valid and in full force and
effect to the extent possible
IX
The undersigned officer and/or agents of the parties hereto are
the properly authorized officials and have the necessary authority
to execute this Agreement on behalf of the parties hereto, and each
party hereby certifies to the other that any necessary resolutions
extending said authority have been duly passed and are now in full
force and effect
PAGE 3
EXECUTED in duplicate originals this the c2l day of e d ,
1993
DENTON COUNTY
By
AT T
z
n
Y ^
Deputy, County Clerk
APPROVED AS TO LEGA
By A
Attorney for Denton Cou y
CITY OF DENTON
By A=40,41
Bob Castleberry, Mayo
ATTEST
By
Cit -ml ecret
APP OVED AS TO LEGAL FORM
B
At o ey or the City f D
E \WPDDCS\K\FUEL K
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