2018-007ORDINANCE NO. 2018-007
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF
CARROLLTON, TEXAS FOR INTERNAL AUDITING SERVICES; PROVIDING FOR
AN HOURLY RATE FOR SERVICES; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("Denton") and the City of Carrollton ("Carrollton")
desire to enter into an Interlocal Agreement for Internal Auditing Services; and
WHEREAS, the Internal Auditing Services will include those services as directed by the
City Council, the investigation of "hot line" tips as needed for the City's Fraud, Waste and Abuse
Committee, and the preparation of written findings with the support of the City Manager's Office,
in exchange for an hourly rate; and
WHEREAS, the Denton City Council finds the Interlocal Agreement for these Internal
Auditing Services is in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this Ordinance are
incorporated herein by reference.
SECTION 2. The City Manager of Denton, or his designee, is hereby authorized to execute
the Interlocal Agreement on behalf of Denton with Carrollton and is further authorized to carry
out the rights and duties of Denton under the Interlocal Agreement, including the expenditure of
funds provided for therein.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the °' day = jq n jj a � , 201 "'
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CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
LAY.
P11 ti VED IS TO LEGAT, ..ORM
AARON LEAL, CITY ATTORNEY
INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON
AND CITY OF CARROLLTON
FOR
INTERNAL AUDIT SERVICES
THIS AGREEMENT, (the "Agreement"), is made and entered into by and between the
City of Carrollton, Texas a home -rule municipal corporation located in Dallas, Collin and
Denton county, Texas (hereinafter referred to as "Carrollton") and the City of Denton, Texas, a
home -rule municipal corporation located in Denton County, Texas (hereinafter referred to as
"Denton").
WHEREAS, this Agreement is being entered into pursuant to the Interlocal Cooperation
Act, V.T.C.A., Government Code, Section 791.001, et seq. (the "Act"); and
WHEREAS, Carrollton and Denton are both local governments as defined by Section
791.003(a) of the Act engaged in the provision of governmental functions and services to their
citizens. Part of these governmental functions and services includes internal audit review of
various departments including investigation of hotline tips; and
WHEREAS, these functions and services serve the public health, safety and welfare,
promote efficiency and effectiveness of local governments, and are of mutual concern to the
contracting parties; and
WHEREAS, Carrollton has staff which perform internal audit services and Denton has a
need for such services; and
WHEREAS, Denton has current revenues available to satisfy the fees and/or expenses
incurred pursuant to this Agreement; and
WHEREAS, Carrollton and Denton mutually desire to be subject to the provisions of
V.T.C.A. Government Code §791.001, et. seq., the Interlocal Cooperation Act, and other
applicable sections, statutes and contracts pursuant thereto;
NOW THEREFORE, for mutual consideration hereinafter stated, Carrollton and
Denton agree as follows:
I.
EFFECTIVE DATE
The effective date of this .Agreement shall be January 9, 2018,
II..
TERM
The initial term of this Agreement shall be for a period beginning on the effective date of
this Agreement, as provided herein, and ending March 31, 2018. Thereafter, upon mutual
agreement of the parties hereto, this Agreement may be renewed for one additional three month
term, unless terminated earlier by either Carrollton or Denton as set forth below.
III.
AGREEMENT
Carrollton agrees to provide its internal auditor to Denton one to two days per week as
mutually agreed ("Services") at an hourly rate of $90.00. The Services shall include the
following:
A. Perform internal audit services as directed by City of Denton City Council.
B. Investigate hot line tips as needed.
C. Prepare written findings of work.
IV.
PAYMENT/FUNDING
Denton shall compensate Carrollton at the rate of Ninety and No/100 Dollars ($90.00) per
hour for the time that Carrollton spends performing Services for Denton. Carrollton will invoice
Denton for Services rendered as of March 31, 2018. Denton shall make payment to Carrollton
within thirty (30) days of receipt of invoice. All charges incurred by Denton as a result of its
obligations hereunder shall be paid from current revenues legally available to Denton.
V.
TERMINATION
This Agreement may be terminated at any time, with or without cause, by either party
giving thirty (30) days advance written notice to the other party. In the event of such termination
by either party, Denton shall immediately pay all fees which may be due and owing to Carrollton
for work performed through the date of termination of the agreement.
VI.
NOTICE
Notice as required by this Agreement shall be in writing delivered to the parties via
facsimile or certified mail at the addresses listed below:
CARROLLTON
Robert Scott
Assistant City Manager/CFO
City of Carrollton
1945 E. Jackson Rd
Carrollton, Texas 75006
Telephone: (972)466-3093
Facsimile: (972)466-4789
DENTON
Bryan Langley
Deputy City Manager
City of Denton
215 E. McKinney St.
Denton, Texas 76201
Telephone:
Facsimile:
Each party shall notify the other in writing within ten (10) days of any change in the information
listed in this section.
VII.
HOLD HARMLESS
Each party does hereby agree to waive all claims against, release, and hold harmless the
other party and its respective officials, officers, agents, employees, in both their public and
private capacities, from any and all liability, claims, suits, demands, losses, damages, attorneys
fees, including all expenses of litigation or settlement, or causes of action which may arise by
reason of injury to or death of any person or for loss of, damage to, or loss of use of any property
arising out of or in connection with this contract.
In the event of joint or concurrent negligence of the parties, responsibility, if any, shall be
apportioned comparatively in accordance with the laws of the State of Texas, without, however,
waiving any governmental immunity available to either party individually under Texas law.
Carrollton shall be responsible for its sole negligence. Denton shall be responsible for its sole
negligence. The provisions of this section are solely for the benefit of the parties hereto and are
not intended to create or grant any rights, contractual or otherwise, to any other person or entity.
VIII.
ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between Carrollton and
Denton 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 parties.
IX.
VENUE
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. Exclusive venue shall be in
Denton County, Texas.
X.
SEVERABILITY
The provisions of this agreement are severable. In the event that any paragraph, section,
subdivision, sentence, clause, or phrase of this agreement shall be found to be contrary to the
law, or contrary to any rule or regulation having the force and effect of the law, such decisions
shall not affect the remaining portions of this agreement. However, upon the occurrence of such
event, either party may terminate this Agreement by giving the other party thirty (30) days
written notice of its intent to terminate
XI.
AUTHORITY TO SIGN / CITY COUNCIL AUTHORIZATION
The undersigned officer and/or agents of the parties hereto are the duly authorized
officials and have the necessary authority to execute this Agreement on behalf of the parties
y f� w 1 � � �y action of the governing
hereto. Denton has executed this A �r�.,ein "' 'yrs
bodyfor the Cit of Denton Texas on , 2018. Carrollton has
executed this Agreement pursuant to duly .. �a�-izel act�n of the governing body for the City of
Carrollton, Texas on --- ------- 2018.
XII.
ASSIGNMENT AND SUBLETTING
This Agreement may not be assigned without the prior written consent of the parties.
XIII.
INTERPRETATION OF AGREEMENT
This is a negotiated document. Should any part of this Agreement be in dispute, the
parties agree that the Agreement shall not be construed more favorably for either party.
XIV.
REMEDIES
No right or remedy granted herein or reserved to the parties is exclusive of any right or
remedy granted by law or equity; but each shall be cumulative of every right or remedy given
hereunder. No covenant or condition of this Agreement may be waived without the express
written consent of the parties. It is further agreed that one (1) or more instances of forbearance
by either party in the exercise of its respective rights under this Agreement shall in no way
constitute a waiver thereof.
EXECUTED in duplicate originals this day of
ATTEST:
Laurie Garber, City Secretary
APPROVED AS TO FORM:
Meredith Ladd, City Attorney
2018.
CITY OF CARROLLTON, TEXAS
Erin Rinehart, City Manager
APPROVED AS TO CONTENT:
Robert Scott, Assistant City Manager
4
CITY OF DENTON9 TEXAS
.... . . - ------
Todd Hileman, City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:,,,, /qj
APPROVEr),AS"rO; LEGAL 'R,M:
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