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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