2003-356ORDINANCE NO. 2003- 35-&
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO
ENTER INTO AN INTERLOCAL COOPERATION AGREEMENT WITH THE CITIES OF
GAINESVILLE, TEXAS AND SHERMAN, TEXAS FOR THE USE OF PERSONNEL AND
EQUIPMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the Mayor is hereby authorized to execute an "Interlocal Cooperation
Agreement" pursuant to Texas Government Code, Chapter 791, entitled the Interlocal
Cooperation Act, by and between the City of Denton, Texas, a Texas municipal corporation, and
the Cities of Gainesville and Sherman, Texas regarding the use of personnel and equipment; a
copy of which Interlocal Cooperation Agreement is attached hereto as Exhibit "A" and
incorporated by reference herewith.
SECTION 2. That the expenditure of funds as provided in the attached Interlocal
Cooperation Agreement is hereby authorized.
SECTION 3. That this ordinance shall become effective immediately upon its passage
and approval. r{{~ /
PASSED AND APPROVED this the - day of LQ ti '2003.
z &OL
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: KAA)
APPRO D AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
~r r
By:
S:\Our Documents\Ordinances\03\lnterlocal Cooperation Agreement-2003-3 Cities-Equipment & Personnel.doc
THE STATE OF TEXAS §
COUNTIES OF COOKE, §
DENTON AND GRAYSON §
INTERLOCAL COOPERATION AGREEMENT
THIS INTERLOCAL COOPERATION AGREEMENT (the "Agreement") is entered
into by and between the Governmental Entities shown below, and referred to collectively as the
"Contracting Parties," or referred to separately hereunder as the either the "Contracting City" or
"Contracting Cities," or "requesting City" or the "responding City," pursuant to the authority
granted, and in compliance with the provisions of the Texas Government Code, Chapter 791,
entitled the "Interlocal Cooperation Act."
WHEREAS, the Cities of Denton, Gainesville, and Sherman, Texas each have the
authority to perform the services set forth in this Agreement individually and in accordance with
Texas Government Code Annotated §791(c)(2); and
WHEREAS, the Cities of Denton, Gainesville, and Sherman, Texas will make all
payments for services out of available current revenues available to each of them; and the Cities
of Denton, Gainesville, and Sherman, Texas each agree that all payments made by it hereunder
will fairly compensate it for the services provided herein; NOW THEREFORE
1. Contracting Parties:
Agency: City of Denton, Texas (Public Utility/Public Works Department)
Coordinating Agency: City Manager's Office, City of Denton, Texas
Contact Person: Michael A. Conduff, City Manager, or his designee
Agency: City of Gainesville, Texas (Public Utility/Public Works Department)
Coordinating Agency: City Manager's Office, Gainesville, Texas
Contact Person: Michael Land, City Manager, or his designee
Agency: City of Sherman, Texas (Public Utility/Public Works Department)
Coordinating Agency: City Manager's Office, City of Sherman, Texas
Contact Person: L. Scott Wall, City Manager, or his designee
2. Services to be Performed:
Those services as generally listed in Attachment "A," which is attached hereto and
incorporated herewith by reference. This Attachment may be modified, as operational
necessities or other factors require, by mutual written consent of the Contracting Parties'
City Managers.
3.
4.
5.
6.
7.
Contract Amount:
The Cities of Denton, Gainesville, and Sherman, Texas each agree to reimburse the other,
as applicable, for their actual costs and for their out-of-pocket expenses incurred, in the
performance of this Agreement. Reimbursement shall be made by the Contracting City
requesting services hereunder to each responding Contracting City monthly, as
applicable, and is due and payable within thirty (30) days after presentment of an invoice
to the requesting City, on an incident-by-incident basis, as needed.
Attachments
Attachment "A" Services to be Performed by Contracting Parties
Attachment "B" Operational Provisions
Term of Agreement:
The term of this Agreement shall be for one (1) year beginning upon approval by the last
party to subscribe the same, and it shall renew automatically for additional one (1) year
periods. Provided, however, this Agreement may be earlier terminated upon sixty (60)
days written notice given by any Contracting City to the other Contracting Parties.
Liability:
Any civil liability arising hereunder shall be determined pursuant to the laws of the State
of Texas.
Independent Contractor:
Each of the Contracting Parties shall operate under this Agreement as an independent
contractor, and not as an agent, representative, servant or employee of the other. Subject
to the terms of this Agreement, each Contracting City shall have the right to control the
details of its performance hereunder.
8. Parties' Addresses for Notice:
Unless otherwise provided herein, all notices required or permitted by the Agreement,
shall be made to the Contracting Parties at the following addresses and phone numbers:
City of Denton, Texas and City of Denton, Texas
City Manager's Office Assistant City Manager/Utilities
Attn: Michael A. Conduff, City Manager Attn: Howard Martin
215 East McKinney Street (940) 349-8232
Denton, Texas 76201
City of Gainesville, Texas and
City Manager's Office
Attn. Michael Land, City Manager
200 South Rusk
Gainesville, Texas 76240
City of Sherman, Texas and
City Manager's Office
Attn: L. Scott Wall, City Manager
220 West Mulberry
Sherman, Texas 75091
City of Gainesville, Texas
Director of Public Works
Attn: Jim Gray
(940) 668-4540
City of Sherman, Texas
Director of Public Works
Attn: David Gattis
(940) 892-7208
EXECUTED by the aforementioned Contracting Parties on the dates set forth below; this
Agreement shall be effective from and after the last date upon which this Agreement is
signed.
EXECUTED this '7''- day of/C, 2003.
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By: X1 AMikuk
Michael A. Cc
ATTEST: kh
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L, PROUTY, CITY ATTORNEY
By:
t~o5[o~
EXECUTED on this _7a day of L~)rj , 2003.
CITY OF GAINESVILLE, TEXAS
A Texas Municipal Corporation
By:
enn Loch, Mayor
ATTEST:
RITA GRAY, CITY SECRETARY
0
By:
01
APPROVED AS TO LEGAL FORM:
BILL HARRIS, CITY ATTORNEY
By:
4
EXECUTED on this day of 2003.
CITY OF SHERMAN, TEXAS
A Texas Municipal Corporation
By:
ATTEST:
By:
LINDA ASHBY, CITY C RK
APPROVED:
By:
CHARLES W. ROWLAND
CITY ATTORNEY
ATTACHMENT "A"
SERVICES TO BE PERFORMED BY CONTRACTING PARTIES
Upon receipt of a written report by a City Manager, an Assistant City Manager, or the Director
of Public Works of a Contracting Party requesting services hereunder, received by one or two of
the Contracting Parties, the City or Cities receiving such written report shall promptly determine
whether it/they is/are able to respond to such request, subject to the availability of personnel and
equipment, and also taking into account the safety, well-being, and needs of its own citizens.
The responding City or Cities shall promptly and reasonably communicate their acceptance, or
their inability to perform, in writing, to the requesting Contracting Party.
Any request for aid and assistance made pursuant to this Agreement shall include a statement of
the problem, whether the problem has subsided or is a continuing problem, the amount and type
of equipment requested, the number of personnel requested, an estimate of the number of hours
or days needed to remedy the problem, and any other information that the Contracting Party
deems is helpful to the Contracting City or Cities receiving the written report. If the problem
cannot be reasonably remedied within forty-eight (48) hours, then a more extensive written
request must be prepared and delivered to the City Manager(s) of the City or Cities receiving
such written report.
The parties to this Agreement understand and agree that the rendering of assistance under this
Agreement is solely at the discretion of the responding City or Cities. The responding City or
Cities reserve the right to withdraw any crews or equipment from the requesting City at any time,
upon notifying the requesting City.
The services to be performed hereunder shall generally include work in the following areas:
Drainage
Solid Waste
Stone Damage
Streets
Use of Heavy Equipment
Water
Wastewater
EXHIBIT °B"
OPERATIONAL PROVISIONS
Any dispatch of equipment and personnel pursuant to this Agreement is subject to the following
term and conditions:
A. Any request for aid by a Contracting Party hereunder shall include a statement of the
amount of, the type of equipment, and the number of personnel that are needed. However, the
amount, the type of equipment, and the number of personnel to be furnished shall be determined
by a representative of the responding City or Cities.
B. Personnel from the responding City or Cities shall report to the Contracting Party's
municipal officer in charge of the location to which the equipment and personnel is dispatched,
and shall be subject to the lawful orders of that official.
C. The parties to this Agreement understand and agree that all work and assistance provided
under this Agreement shall be provided, without warranties, which the responding City hereby
disclaims, including without limitation, the warranties of merchantability and fitness for
particular purpose.
D. The parties to this Agreement understand and agree that the responding City shall include
wages, meals, lodging, transportation, and equipment and materials costs in its invoices.
Charges for labor shall be billed at the responding City's actual cost for hourly pay, and for
overtime, if applicable. Charges for the use of equipment and transportation shall be billed at the
responding City's standard rates and practices in effect at that time. Meals, lodging, and other
incidental costs and expenses shall be reasonable and billed at actual cost. Materials that are
furnished shall be billed at their actual cost.
E. The parties to this Agreement understand and agree that should any dispute arise with
respect to an invoice created hereunder, that the Cities who are parties to the dispute shall first
negotiate in good faith to resolve the dispute. Failing resolution by those means, they shall then
submit, within thirty-(30) days, such disputed invoice to a non-binding dispute resolution
process. Should the non-binding resolution process fail to resolve the dispute, then the parties
may commence litigation, but not before. Venue for any such litigation shall lie exclusively in
the County of the responding City. The parties understand and agree that in the event of there
being litigation brought with respect to an invoice or invoices, pursuant to this Agreement, that
the prevailing party, as determined by a court of competent jurisdiction, shall recover its
attorney's fees, costs, and reasonable expenses from the non-prevailing party.
SAOur Documents\Contracts\03Unterlocal Cooperation Agreement-2003-Denton, Gainesville, & Sherman.doc