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2014-115• ' f � • �, � I AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE DENTON COUNTY TRANSPORTATION AUTHORITY (DCTA} UNDER SECTION 791.001 OF THE 5TATE OF TEXAS GOVERNMENT CODE, TO AUTHORIZE DCTA TO PURCHA5E FUEL AND FUEL MANAGEMENT SUPPLY SERVICES FROM THE CITY OF DENTON AT A COST OF 1.5% OF THE MARK UP ON GROSS FUEL RECEIPTS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE 5527-INTERLOCAL AGREEMENT WITH THE DENTON COUNTY TRANSPORTATION AUTHORITY FOR FUEL SUPPLY AND MANAGEMENT SERVICES). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee is hereby authorized to execute the Interlocal Agreement with the Denton County Transportation Authority under Chapter 791.001 the Texas Government Code, a copy of which is attached hereto and incorporated by reference herein (the "Agreement"). SECTION 2. The City Manager, or his designee is authorized to expend funds pursuant ta the Agreement far the purchase of various goods and services. SECTION 3. The City Council af the City of Denton, Texas hereby expressly delegates the authority to take any actians that may be required or permitted to be performed by the City af Denton under File 5527 to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. This ardinance shall become effective immediately upon its passage and approval, .. � PASSED AND APPROVED this the �r,�� day of ``�� n� 2014. - �, --� ��'u�.. ��„��'��uGx�, NtaYOx aTrEST: JENNIFER WALTERS, CITY SECRETARY : . •• .� . AS�;�(:) LEGAL FORM: C � 1;S �, CITY ATTORNEY �° � �, ��° �� .v y��"`_;� � � � �" � � �� BY; ��y,� n...:��..�. .�� .� ... R � � � ♦ � �� This Interlocal Agreement (the "Agreement"} is made and entered into this 6th day of May, 2Q14, between The City of Denton, Texas, a political subdivision of the State of Texas (hereinafter "CITY"} and The Denton County Transpoxtation Authority, a political subdivision of the State of Texas ("DCTA"}. W EREAS, both the CITY and the DCTA have the authority to enter into this Agreement pursuant to Chaptex 791, Texas Government Cade; and E EAS, the service agreement for Fciel Supply and Management Sexzrices ("Service Agreement"} contemplated under this Agreement is af mutual interest and benefit to DCTA and to the CITY and ` furthex the abjectives of both parties in a manner consistent with the objectives of poFitical subdivisions of the State af Texas; and EgtEAS, it is mutually beneficial to both parties to execute this Agreement whereby each entity can achieve common ob�ectives zelating to the services regaxding fuel supply and management of the CITY and DCTA, and in the interest af saving the taxpayer funding; and NOt� TiIEREFd E, in consideration of the inutual represcntations, texxns and covenants Iiereafter set forth, Yhe paxties hereby agree as follows: 1. STATE NT F W . CITY agrees to use its reasonable effoxts to perform the fuel supply and management services descrsbed in the Service t'�greement listed below in Section 2. 2. SERVICE LEVEL AGREEMENT �. � i r•� � i 1� � • Order fue] supplies as required when notified by DCTA staff • Process monthly fuel invoices for payment • Process monthly billing of DCTA fuel account • Provide propane, diesel and regular unleaded fuels as a cantingency dispensed from City's supply tanks Payments provided by DCTA: • Service costs for fuel supplies dropped in DCTA tanks will be recovered by a 1.5% mark up on gross fuel receipts. • Contingency propane, diesel and unleaded fuels dispensed from City's supply tanks will be invoiced at cost plus �0.30 per gallon • All payments will be administered in accordance with Section(s) 5 and 6 of this Interlocal Agreerrrent. 3. PROG CONTACT. The Program contact will be Anna Mosqueda, �Tice President for The Denton County Transportation Authority. 4. PE T F PE FO ANCE. CITY will perform the pragram and tasks detailed in the "Service Agreement" during the period of May 6, 2014 tlirough 11�iay 5, 2015. This Agreement will be xenewed automatically, on an annual basis, unless written notification by either paity has Ueen sent to the authoi°ized contact at least one-hundred and eighty days (18d) in advance. 5. TOTAL A OLJNT f}F T E CONT C7'. The DCTA agrees to pay the CITY an amount equal to 1.5% mark up an the gross fuel receipts. 6. PAY ENT SC E�TLE. The DCTA shall make payments upon receipt af invoices, in accordance widi the statutory provisians of Texas Government Code; Chapter 2251. Invaices shaIl be segit to the following address: Name: Cit�y of Denton, Accounts Payable Depa�trnent Addiess: 215 East McKinney Street � � * . . � . � ,- s • • i� � R w r 7. TERMINATIdN. This agreement rnay be terminated by either party, upon one-hundxed and eighty (180) days prior written narice. : � �' � ' •* •-�- • • a• • �r . • - - - . . .- ■ .: . . • _ M ♦ � � , • • � • + - 9. L�ABIi.TTY. The pazties to this Agreement and their respective officers and emplayees shall not be deemed to assume any liability for the acts, o�ssions and negligence of the other party. 1 ! . • � � • ' ' " • 1► �, � � ', � • � • •: � • � ' : • �, '' ! " � � I., ' • � : � ,.., � � � � . . • � •', � * ' ' • # ' , ' � ' � ' '� '' ' •' ' ' - � s � - � - � � - i, • •� . ► , - a- - . � - � � r •,, _ �- �; _, r � - � + _ � * - • _ _ � � - _ _ , r � � �, - - ♦ - _ • ,;, - r- ! ' • � � ; _ • � ■ - - : r • - � � �,- • - � - • - ��- � a r � *, � � + a ,. � � � • � 1 - - ♦ ' � - � - ` r. - R - • a • � � � _ • • - � � { _ _ . * _ � , *, �►♦ r � • s R. M a � � � � ■ • � • � � r s � - �, �;,- - + � - . .� w . . .. � - �- . .�. �� - • 'f •�.... # �....� � i � .' # � ' ��'�.:� • 1� s :�:... R ` *.... ! � � � .. �, � � ��. � �� . �..:,' ��..:.' + �' • * .. . � � �: • t � ��,: .... ! ■ ..,: ' � �, . . ��. . ' � . *...". . � ' • ;. y : � � ,:. _ .. � . .:'.. ��. . / ' ��. # � ��: ��.: # ' �......:. !. " . . " !, , � ... _ ' l�� ' �..: ��. ' • : R 1 � � �. �: 1 � � �* .: � ' � ' � ' _ , M ' ��.: f f . • _ . . ! � . ., . ', ! . ,: ' ' ' . , r ' � " � ! � ' • .'� � 15. V�AI�ER. No waiver of any provision hereof or of an3� right or reinedy hereunder shall be effective unless in �uriting and signed by the party against whom such waiver is sought to be enforced. Na delay in exercising, no course of dealing with respect to, or na partial exexcise of any right or remedy I�ereunder shall consdtute a waiver of any right or remedy, or future exercise thereaf. 1G. ASSIGNMENT. This Agreement may nat be assigned in whole or in pa�t by any of the Parties without prior written consent of the other Party. 17. SEVE II.ITY. In the event that any section, garagraph, sentence, clause or provision hereof is held Uy a couxt of coinpetent jurisdiction to be invalid, such shall not affect the remaining partions of this Agxeement and the same shall reinain in full foxce and effect. 18. �ENDIYIENTS. This Agreement may be amended from time to rime by written amendment by both parties. � •� -� • � . � • � , _.. . � � . � �- - - � - a i...• " �..; . � ".. .... � � ' � ' ' _ ... ' � '. �. " f �.. .�. �.. � +' � . ,;•. +..,, . R . ' ' :� 7 !: ��.. �� ". ,. " M i�'�.: ��..'.�� ' i" \ N .:." f � � ��.*�, ' '��7. �,. • l.*�: ! .,� f • �...: #,:. � ' R:: � �. ��. �. ' � ,: � � ' 1... �...... ' ,.. .,! ' * ' ` . ��.. ' � + � �� "� � '. �: � * M'.. :. ' # � ,.".1 � Denton County Tgansportarion Authority Denton, T� 7620� Attn: , � q, Telephone: Email: City of Denton Puxchasing Depaxtment 901B Texas Street Denton, Texas 76201 Attn: Puxchasing Managex Telephone: 940-349-7100 Email: �ugchasing� cityofdenton.com 20. NO THIRD PARTY BENEFICIARIES. For purposes of this tlgreement, including its intended operation and effect, the parties specifically agree and contract that: (1) the Agreement only affects matters/disputes between the parties to this Agreement, and is in no way intended by the parries to benefit or otherwise affect any third person os entity notwithstanding the fact that such third person ox enrity may be in contxactual relationship with the State or City, or both; and (2) the terms of this Agreement are not intended to release, either by contract or by operarion of law, any third person or enrity from obligarions owed by them to either the State or City. 21. ENTIRETY OF AGREEMENT. This Agreement represents the entire understanding between both parties and sixpersedes all otheg negotiarions, representations or agreement, written or oral, relating to this Agreernent. The parties have caused this Agreement to be executed by their duly authorized xepresentative. Denton County Transportation r�krt�,lro<;sre�y� � � a �' � � � � � 4 1 �i 4 ��r ,�� _ ........... °j � _ � _ ...... ....—. �r,P City of Denton, Texas _ �� ' " � y,�. ",a� � � __... �.,�r��;l .r"�.i�w.,�,..,..,.Y''6 i«�'„" ��..^......m�,�..� George Campbell, City �f itY 1�� ar€r�,��:s�AsTo,I�s:+s„Esi 9b�ar�� ti,� Burgess, City tlttorney � • � STATE OF TE�AS �i ai Date � ��o�,� �'� �=� �. —� _ _ .P Date__....,._.?�,�� __.�....,_.._. �' ' �7:tic� �� `'� k �:� � { �,;��"'� . /` COUNTY OF DENTON � � � � ' ,r This instrument was acknowledged befoxe me on the� r.tay= �� , � , 2014 1:�, � ` �°,._. '. _.. �� behalf of the City of Denton, Texas. �� ,wF� :� OE��IfE��' � '�d�CiE�'� �' .m... �. ,��` ��,tz�ry ��c tal�c; t��a� �r t�r,<:s � �,t��-�• l�t�l�l' .� i s��3 for the State of 1 c.�.�s '� � �., , ��i�r f..c� r«�rri,��ur Er,C�Fr�,� {��"��`' G��'��r "��?, �'�1� a� � , �` _ '�,"'�' Paee 'i �f 3