2016-237ORDINANCE NO. 2016-237
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SECTION 1. The City Manager or his designee is hereby authorized to execute the
Interlocal Agreement with the Texas Department of Public Safety under Section 791.001 of 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
to the Agreement for the purchase of various goods and services.
SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under File 6194 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
L
PASSED D ANAPPROVED this the_!dayof 2016.
CHR,4M-J'S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPRO' , D AS LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
THE STATE OF TEXAS
THE COUNTY OF TRAVIS
INTERLOCAL AGREEMENT
This Interlocal Agreement (the "Agreement") is made and entered into by and, between The City of
Denton, Texas, a political subdivision of the State of Texas (hereinafter "CITY") and The Texas
Department of Public Safety, an Agency of the State of Texas (hereinafter "TXDPS").
WHEREAS, both the CITY and TXDPS have the authority to enter into this Agreement pursuant to
Chapter 791, Texas Government Code; and
WHEREAS, the service agreement for Vehicle Maintenance ("Service Level Agreement") contemplated
under this Agreement is of mutual interest and benefit to TXDPS and to the CITY and will further the
objectives of both parties in a manner consistent with the objectives of political subdivisions of the State
of Texas; The City will provide vehicle maintenance services to the TXDPS, for a defined fee detailed
below; and
WHEREAS, it is mutually beneficial to both parties to execute this Agreement whereby each entity can
achieve common objectives relating to the services regarding vehicle maintenance and in the interest of
saving taxpayer funding; and
WHEREAS, all payments collected by the CITY from vehicle maintenance services provided to TXDPS will
be considered revenue to the CITY of Denton and the State of Texas shall pay all invoices presented, as
statutorily prescribed by Texas Government Code 2251 (Prompt Payment Act).
WHEREAS, TXDPS agrees to utilize the vehicle maintenance services provided by the CITY, in this
agreement for the purposes of vehicle maintenance only to TXDPS vehicles and equipment.
NOW THEREFORE, in consideration of the mutual representations, terms and covenant hereafter set
forth, the parties hereby agree as follows:
1. STATEMENT OF WORK. CITY agrees to use reasonable efforts to perform the vehicle maintenance
services described in the Service Level Agreement listed below in Section 2.
SERVICE LEVEL AGREEMENT - Services provided by CITY:
a. Schedule vehicle maintenance and repairs when notified by TXDPS;
b. Provide vehicle preventative maintenance and general repair services in a timely manner;
c. Process monthly repair invoices for payment.
3. WARRANTY -The CITY Fleet Services will warrant repair labor for a period of 60 days;
a. Parts will be warranted for 90 days, defective or failed parts will be replaced at no charge during
warranty period;
b. All vehicle batteries will have an 18 month free replacement period.
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4. RATE SCHEDULE - Services provided by CITY at the following rates:
a. PM services flat rated based on vehicle class as follows:
b. Light duty - $37.50 + Parts
c. Medium duty - $37.50 + Parts
d. Other repairs to be invoiced at cost plus - labor rate of $75 per hour + Parts
e. Parts invoiced at cost plus 25%
5. CONTRACT PAYMENTS: TXDPS shall reimburse the CITY per Section 4. Rate Schedule. FY expenses
are estimated to be Fifty Thousand and no dollars ($50,000.00); however may be higher or lower
dependent upon vehicle maintenance requirements of TXDPS.
Payments shall be sent to the following address:
City of Denton, Accounts Payable Department
215 East McKinney Street
Denton, TX 76201
Attention: Accounts Payable
Phone: 940-349-8223
Email: accountspayable@cityofdenton.com
6. PROGRAM CONTACTS
TXDPS
Contract Monitor:
Brian Reynolds
Director of Fleet Operations
Br: rn.Revtiolcls @(itl5 texas.P,ry
Contract Administrator:
Deborah (Debbie) Goree,
Procurement and Contract Services
Deborah,or-eetcs,texas,av
CITY
Contract Monitor:
Terry Kader
Fleet Manager
940-349-8729
Toro y.Kade ciidont.on.corI
For Written Notice:
City Manager
215 East McKinney Street
Denton, Texas 76209
940-349-7000
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7. TERM OF CONTRACT The initial term of this Agreement is from date it is fully executed through
August 31, 2017. This Agreement will be renewed automatically, effective September 1st of each
Fiscal Year (FY) unless written notification is given by email, by either party to the authorized
contact at least ninety (90) days in advance.
8. TERMINATION This agreement maybe terminated by either party, upon ninety (90) days prior
written notice.
9. BREACH/ OPPORTUNITY TO CURE The parties hereto expressly covenant and agree that in the
event either party is in default of its obligations herein, the party not in default shall provide to the
party in default at least thirty (30) days written notice to cure said default before exercising any of
its rights as provided for in this Agreement.
10. LIABILITY The parties to this Agreement and their respective officers and employees shall not be
deemed to assume any liability for the acts, omissions and negligence of the other party.
11. DISCLAIMER OF LIABILITY. THE CITY OF DENTON MAKES NO REPRESENTATIONS AND EXTENDS NO
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED IN CONNECTION WITH THE TECHNICAL
REPORTS, INVENTION DISCLOSURES OR RESEARCH DATA FURNISHED UNDER THIS AGREEMENT.
THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OR THAT USE OF SUCH MATERIALS OR MODIFICATION OF SUCH
MATERIALS WILL NOT INFRINGE ON ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER
PROPRIETARY RIGHT.
12. FORCE MAJUERE Except for the obligation for the payment of money, if either party fails to fulfill its
obligations hereunder when such failure is due to an act of God, or other circumstance beyond its
reasonable control, then said failure shall be excused for the duration of such event and for such a
time thereafter as is reasonable to enable the parties to resume performance under this
Agreement.
13. DISPUTE RESOLUTION All parties must use the dispute resolution process provided in Chapter 2260
of the Texas Government Code to attempt to resolve a dispute arising under this contract and such
process is a required prerequisite to suit in accordance with Chapter 107, Texas Civil Practice and
Remedies Code. All parties must submit written notice of a claim of breach of contract under this
chapter to the other party. Nothing in this Agreement waives or relinquishes the right of either
party to claim any exemptions, privileges and immunities as may be provided by law.
14. REMEDIES This Agreement shall be construed by and governed by the laws of the State of Texas.
Venue for any legal action necessary to enforce the Agreement will be in Travis County, Texas. No
remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each
and every such remedy shall be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or
partial exercise by any party of any right, power or remedy hereunder shall preclude any other or
further exercise thereof.
15. ENTIRE REPRESENTATION This Agreement contains the entire agreement between the parties and
supersedes any prior oral or written agreements, commitments, understandings, or
communications with respect to the subject matter of the Agreement. No amendments or
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modification of this Agreement shall be effective unless set forth in writing executed by duly
authorized representatives of each party. This Agreement shall be construed in accordance with the
laws of the State of Texas.
16. WAIVER No waiver of any provision hereof or of any right or remedy hereunder shall be effective
unless in writing and signified by the party against whom such waiver is sought to be enforced. No
delay in exercising, no course of dealing with respect to, or no partial exercise of any right or
remedy hereunder shall constitute a waiver of any right or remedy, or future exercise thereof.
17. ASSIGNMENT This Agreement may not be assigned in whole or in part by any of the Parties without
prior written consent of the other party.
18. SEVERABILITY. In the event that any section, paragraph, sentence, clause or provision hereof is held
by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this
Agreement and the same shall remain in full force and effect.
19. AMENDMENTS. This Agreement may be amended from time to time by written amendment by
both parties.
20. NOTICE. Any notice required to be given in connection with this Agreement shall be in writing and
shall be deemed effective if hand delivered, or if sent by United States certified mail, return receipt
requested, postage prepaid, or if sent by private receipted courier guaranteeing same-day or next -
day delivery, addressed to the respective party at its address provided below. If sent by U.S.
certified mail in accordance with this Section, such notices shall be deemed given and received on
the earlier of (a) actual receipt at the address of the named addressee, or (b) on the third (3rd)
business day after deposit with the United States Postal Service. Notice given by any other means
shall be deemed given and received only upon actual receipt at the address of the named
addressee.
21. NO THIRD PARTY BENEFICIARIES. For purposes of this Agreement, including its intended operation
and effect, the parties specifically agree and contract that: (1) the Agreement only affects
matters/disputed between the parties to this Agreement, and is in no way intended by the parties
to benefit or otherwise affect ant third person or entity notwithstanding the fact that such third
person or entity may be in contractual 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 operation of law, any third
person or entity from obligations owed by them to either the State or City.
22. ENTIETY OF AGREEMENT. This Agreement represents the entire understanding between both
parties and supersedes all other negotiations, representations or agreements, written or oral,
relating to this Agreement.
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The parties have caused this Agreement to be executed by their duly authorized representative.
TEXAS DEPARTMENT OF PUBLIC SAFETY
•
By.
� bert J. Bodisch, Sr.
Deputy Director, Homeland Security and Services
CITY OF DENTON
By: _
Howard Martin, City Man ger
Approved as to legal form
City Attorney
Dater 7-2
Date: I I 4
Date: _ _
I-Avw
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