12/04/2023-CC-Agenda Packet-RegularCITY COUNCIL
MEETING AGENDA
DECEMBER 04, 2023, 6:00 PM
CITY COUNCIL REGULAR MEETING
HISTORIC CHURCH BUILDING - 403 N 7TH STREET, SANGER, TEXAS
CALL THE WORK SESSION TO ORDER AND ESTABLISH A QUORUM
EXECUTIVE SESSION
Pursuant to the Open Meetings Act, Chapter 551, the City Council Will Meet in a Closed
Executive Session in Accordance with the Texas Government Code:
Section 551.071. CONSULTATION WITH ATTORNEY
For deliberations regarding legal (A) pending or contemplated litigation; or (B) a settlement
offer; or (2) on a matter in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with
this chapter.
- Kamy Real Property Trust Vs. City Of Sanger, No. 23-10112-467
- City of Camden, et al. v. E.I. DuPont de Nemours and Company, et al., No. 2:23-cv-03230-
RMG
Section 551.086. CERTAIN PUBLIC POWER UTILITIES: COMPETITIVE MATTERS.
- For deliberations regarding AEP Energy Partners.
RECONVENE INTO WORK SESSION
Reconvene into the Work Session. Any action deemed necessary as a result of Executive
Session will be taken during the Regular Session.
OVERVIEW OF ITEMS ON THE REGULAR AGENDA
ADJOURN THE WORK SESSION
The Regular Meeting will begin following the Work Session
but not earlier than 7:00 p.m.
CALL THE REGULAR MEETING TO ORDER AND ESTABLISH A QUORUM
INVOCATION AND PLEDGE
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CITIZENS COMMENTS
This is an opportunity for citizens to address the Council on any matter. Comments related to
public hearings will be heard when the specific hearing begins. Citizens are allowed 3 minutes
to speak. Each speaker must complete the Speaker’s Form and include the topic(s) to be
presented. Citizens who wish to address the Council with regard to matters on the agenda will
be received at the time the item is considered. The Council is not allowed to converse,
deliberate or take action on any matter presented during citizen input.
CONSENT AGENDA
All items on the Consent Agenda will be acted upon by one vote without being discussed
separately unless requested by a Councilmember to remove the item(s) for additional
discussion. Any items removed from the Consent Agenda will be taken up for individual
consideration.
1. Consideration and possible action on the minutes from the November 6, 2023,
meeting.
2. Consideration and possible action on the purchase of a sewer jetter truck for the Water
Department in the amount of $177,047.24 from Southwest International Trucks, Inc.
3. Consideration and possible action on Resolution 2023-17 to ratify approval of a
contract for the emergency repair of water Well No. 7; making finds of an emergency
exempting the contract from the requirements of competitive bidding under Chapter
252 of the Texas Local Government code; and authorize City Manager to execute said
contract.
4. Consideration and possible action on the 2023-2024 Interlocal Cooperation Agreement
Fire Protection Services between Denton County and the City of Sanger, Denton
County, Texas and authorize the Mayor or City Manager to execute the agreement.
5. Consideration and possible action on the 2023-2024 Interlocal Cooperation Agreement
Ambulance Services between Denton County and the City of Sanger, Denton County,
Texas and authorize the Mayor or City Manager to execute the agreement.
6. Consideration and possible action on a contract with Republic Services for solid waste
and recycling services and authorizing the City Manager to execute the contract and all
necessary documents.
FUTURE AGENDA ITEMS
The purpose of this item is to allow the Mayor and Councilmembers to bring forward items they
wish to discuss at a future meeting, A Councilmember may inquire about a subject for which
notice has not been given. A statement of specific factual information or the recitation of
existing policy may be given. Any deliberation shall be limited to a proposal to place the subject
on an agenda for a subsequent meeting. Items may be placed on a future meeting agenda with
a consensus of the Council or at the call of the Mayor.
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EXECUTIVE SESSION
Pursuant to the Open Meetings Act, Chapter 551, the City Council Will Meet in a Closed
Executive Session in Accordance with the Texas Government Code:
Section 551.071. CONSULTATION WITH ATTORNEYFor deliberations regarding legal (A)
pending or contemplated litigation; or (B) a settlement offer; or (2) on a matter in which the
duty of the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with this chapter.
- Kamy Real Property Trust Vs. City Of Sanger, No. 23-10112-467
- City of Camden, et al. v. E.I. DuPont de Nemours and Company, et al., No. 2:23-cv-03230-
RMG
Section 551.086. CERTAIN PUBLIC POWER UTILITIES: COMPETITIVE MATTERS.
- For deliberations regarding AEP Energy Partners.
RECONVENE INTO REGULAR SESSION
Reconvene into Regular Session and take any action deemed necessary as a result of Executive
Session.
ADJOURN
NOTE: The City Council reserves the right to adjourn into Executive Session as authorized by
Texas Government Code, Section 551.001, et seq. (The Texas Open Meetings Act) on any item
on its open meeting agenda in accordance with the Texas Open Meetings Act, including,
without limitation Sections 551.071-551.087 of the Texas Open Meetings Act.
CERTIFICATION
I certify that a copy of this meeting notice was posted on the bulletin board at City Hall that is
readily accessible to the general public at all times and was posted on the City of Sanger
website on November 30, 2023, at 11:30 AM.
/s/Kelly Edwards
Kelly Edwards, City Secretary
The Historical Church is wheelchair accessible. Request for additional accommodations or sign
interpretation or other special assistance for disabled attendees must be requested 48 hours
prior to the meeting by contacting the City Secretary’s Office at 940.458.7930.
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CITY COUNCIL COMMUNICATION
DATE: December 4, 2023
FROM: Kelly Edwards, City Secretary
AGENDA ITEM: Consideration and possible action on the minutes from the November 6, 2023,
meeting.
SUMMARY:
N/A
FISCAL INFORMATION:
Budgeted: N/A Amount: $0.00 GL Account: N/A
RECOMMENDED MOTION OR ACTION:
Approve the minutes from the November 6, 2023, meeting.
ATTACHMENTS:
City Council minutes
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Item 1.
City Council Minutes 11-06-2023
Page 1 of 5
CITY COUNCIL
MEETING MINUTES
NOVEMBER 06, 2023, 6:00 PM
CITY COUNCIL REGULAR MEETING
HISTORIC CHURCH BUILDING - 403 N 7TH STREET, SANGER, TEXAS
CALL THE WORK SESSION TO ORDER AND ESTABLISH A QUORUM
Mayor Muir called the work session to order at 6:00 p.m.
COUNCILMEMBERS PRESENT
Mayor Thomas Muir
Mayor Pro Tem, Place 2 Gary Bilyeu
Councilmember, Place 1 Marissa Barrett
Councilmember, Place 4 Allen Chick
Councilmember, Place 5 Victor Gann
COUNCILMEMBERS ABSENT
Councilmember, Place 3 Dennis Dillon
STAFF MEMBERS PRESENT:
City Manager John Noblitt, Assistant City Manager Alina Ciocan, City Secretary Kelly Edwards,
City Attorney Hugh Coleman, Director of Development Services Ramie Hammonds, Director of
Public Works Jim Bolz, Parks & Recreation Director Ryan Nolting, Director of Economic
Development Shani Bradshaw, Fire Marshal Michael Grimes, and Police Chief Tyson Cheek.
DISCUSSION ITEMS
1. Discussion on Resolution 2023-16 to approve a fee waiver for Sanger Independent
School District for Sanger High School, Sanger Middle School, and Clear Creek
Intermediate School.
Director Hammonds provided an overview of the proposed resolution.
Discussion ensued regarding the Impact fees, any impact to the budget, and refunding
fees paid.
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Item 1.
City Council Minutes 11-06-2023
Page 2 of 5
2. Discussion on selecting MHS Planning & Design for the conceptual design of the
proposed Downtown Park.
Director Nolting provided an overview of the item.
Discussion ensued regarding the number of responses, technical services, probable
costs, concept designs, and allowing the City Manager to negotiate an agreement.
OVERVIEW OF ITEMS ON THE REGULAR AGENDA
Councilmember Bilyeu asked questions regarding Item 9 on the Consent Agenda.
Discussion ensued regarding the fees budgeted for Engineering services.
Councilmember Bilyeu asked questions regarding Item 10 of the Consent Agenda.
Discussion ensued regarding the terms of service and collection rate.
ADJOURN THE WORK SESSION
There being no further business, Mayor Muir adjourned the work session at 6:55 p.m.
CALL THE REGULAR MEETING TO ORDER AND ESTABLISH A QUORUM
Mayor Muir called the regular meeting to order at 7:05 p.m.
COUNCILMEMBERS PRESENT
Mayor Thomas Muir
Mayor Pro Tem, Place 2 Gary Bilyeu
Councilmember, Place 1 Marissa Barrett
Councilmember, Place 4 Allen Chick
Councilmember, Place 5 Victor Gann
COUNCILMEMBERS ABSENT
Councilmember, Place 3 Dennis Dillon
STAFF MEMBERS PRESENT:
City Manager John Noblitt, Assistant City Manager Alina Ciocan, City Secretary Kelly Edwards,
City Attorney Hugh Coleman, Director of Development Services Ramie Hammonds, Director of
Public Works Jim Bolz, Parks & Recreation Director Ryan Nolting, Director of Economic
Development Shani Bradshaw, Library Director Laura Klenke, Fire Marshal Michael Grimes, and
Police Chief Tyson Cheek.
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Item 1.
City Council Minutes 11-06-2023
Page 3 of 5
INVOCATION AND PLEDGE
Councilmember Chick gave the Invocation. The Pledge of Allegiance was led by Councilmember
Bilyeu.
CITIZENS COMMENTS
Rich Wilson, 7201 Hunnington Drive, provided examples of issues regarding the construction
along FM 455 and comments regarding the street cuts and patching repairs out to Bolivar.
SPECIAL PRESENTATIONS AND ANNOUNCEMENTS
3. Presenting a Life Saving Award
Chief Cheek provided an overview of the event in which Officer Pruitt administered
skills that saved a life.
Chief Cheek also stated that utilizing the training provided by Drew’s 27 has resulted in
54 lives being saved.
CONSENT AGENDA
4. Consideration and possible action on the minutes from the October 16, 2023, meeting.
5. Consideration and possible action approving a contract with AXON Enterprises for
TASER Certification Bundles and authorizing the City Manager to execute contract and
all necessary documentation.
6. Consideration and possible action to accept the renovation improvements performed
by North Rock Construction LLC at Porter Park Softball Field and release final payment.
7. Consideration and possible action on the Interlocal Agreement for Library Services
between Denton County and City of Sanger.
8. Consideration and possible action on Resolution 2023-16, to approve a fee waiver for
Sanger Independent School District for Sanger High School, Sanger Middle School, and
Clear Creek Intermediate School.
9. Consideration and possible action on Interlocal Agreement for the construction of
Marion Road with Denton County.
10. Consideration and possible action on the contract between Emergicon, LLC and City of
Sanger and authorize the City Manager to execute the agreement.
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Item 1.
City Council Minutes 11-06-2023
Page 4 of 5
11. Consideration and possible action on selecting MHS Planning & Design for the
conceptual design of the proposed Downtown Park and authorize the City Manager to
negotiate a contract.
12. Consideration and possible action on a Minor Plat of Lot 1, Block A, of Lotus Addition,
being 0.91 acres, located in the City of Sanger, and generally located on the west side
of I-35 Frontage Road approximately 190 feet south of the intersection of Bolivar
Street and I-35 Frontage Road.
13. Consideration and possible action on a request for the Replat of Lot 1R, Block A of the
Powell Addition, being 1.05 acres located within the City of Sanger, generally located
along the north side of Duck Creek Road approximately 511 feet west of the
intersection of Duck Creek Road and South Stemmons Frwy.
The Council agreed to remove Item 8 of the consent agenda for additional discussion.
Motion to approve Items 4-7 and 9-13 made by Councilmember Bilyeu, Seconded by
Councilmember Barrett.
Voting Yea: Councilmember Chick and Councilmember Gann.
Motion passed unanimously.
Discussion ensued regarding Item 8, collecting only the commercial permit fees.
Motion to approve Item 8 only to collect the commercial permit fee made by
Councilmember Bilyeu, Seconded by Councilmember Barrett.
Voting Yea: Councilmember Chick and Councilmember Gann.
Motion passed unanimously.
ACTION ITEMS
14. Consideration and possible action on Ordinance 11-30-23 amending the City of Sanger
Code of Ordinances, Chapter 15, Parks and Recreation, Article 15.100, Rules and
Regulations, Sections 15.107, Special Events, Uses, Programs: and adding Article 15.600
Special Events providing for the repeal of all ordinances in conflict: providing a
cumulative clause; providing for a severability clause; providing for a penalty of fine
accordance with Section 1.109 of the Code of Ordinances for violations; and providing a
savings clause; authorizing publication; and establishing an effective date.
Discussion ensued regarding the Hold Harmless agreement, naming the City on the
insurance as necessary based on the size and type of event.
Motion to approve made by Councilmember Barrett, Seconded by Councilmember
Gann.
Voting Yea: Councilmember Bilyeu and Councilmember Chick.
Motion passed unanimously.
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Item 1.
City Council Minutes 11-06-2023
Page 5 of 5
FUTURE AGENDA ITEMS
Councilmember Chick asked if the development of the Parks would be discussed during the
Council Retreat in February.
Councilmember Barrett requested an update regarding the TxDOT construction on FM 455.
INFORMATIONAL ITEMS
15. Change Order Report 11-06-2023
16. Atmos Rider GCR - Rate Filing Docket No. 10170, October 25, 2023
17. Disbursements Report August and September 2023
18. Financial Statement August and September 2023
ADJOURN
There being no further business, Mayor Muir adjourned the meeting at 7:36 p.m.
_______________________________
Thomas E. Muir, Mayor
______________________________
Kelly Edwards, City Secretary
9
Item 1.
CITY COUNCIL COMMUNICATION
DATE: December 04, 2023
FROM: Jim Bolz, Public Works Director
AGENDA ITEM: Consideration and possible action on the purchase of a sewer jetter truck for the
Water Department in the amount of $177,047.24 from Southwest International
Trucks, Inc.
SUMMARY:
Our current jetter truck is a 2003 model that has had numerous repairs made to the pumping unit
over the years
The current pump frame has significant rusting and metal loss and needs to be rebuilt soon
Southwest International Truck, Inc holds a BuyBoard contract (601-19), justifying the use of a
single quote, aligning with Purchasing Policy Section 3: Purchasing Procedures, 3.2 Purchasing
Thresholds.
FISCAL INFORMATION:
Budgeted: YES Amount: $177,047.24 GL Account: 54-6145
RECOMMENDED MOTION OR ACTION:
Staff recommends approval
ATTACHMENTS:
Quote from Southwest International Truck, Inc.
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Item 2.
CITY COUNCIL COMMUNICATION
DATE: December 04, 2023
FROM: Jim Bolz, Public Works Director
AGENDA ITEM: Consideration and possible action on Resolution 2023-17 to ratify approval of a
contract for the emergency repair of water Well No. 7; making finds of an
emergency exempting the contract from the requirements of competitive bidding
under Chapter 252 of the Texas Local Government code; and authorize City
Manager to execute said contract.
SUMMARY:
On October 30, 2023, we experienced a motor failure on Water Well No. 7 located at 917 Utility
Road
Reduced pressure was being experienced in the Sanger Circle Subdivision and at the Wal-Mart
Distribution Center making it imperative to make these repairs as soon as possible
THI Water Well, LLC was contacted and given the authority to make these repairs without delay
FISCAL INFORMATION:
Budgeted: No Amount: $102,922.31 GL Account: 50-5373
RECOMMENDED MOTION OR ACTION:
Staff recommends approval
ATTACHMENTS:
Resolution 2023-17
THI Water Wells, LLC Invoice
21
Item 3.
Resolution – Emergency Water Repair Contract with THI Water Well, LLC
Page 1 of 2
CITY OF SANGER, TEXAS
RESOLUTION NO. 2023-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS, TO
RATIFY APPROVAL OF A CONTRACT FOR THE EMERGENCY REPAIR OF WATER
WELL NO. 7; MAKING FINDINGS OF AN EMERGENCY EXEMPTING THE
CONTRACT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING UNDER
CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Sanger experienced a well failure on Water Well No. 7 located at
917 Utility Road on October 30, 2023; and
WHEREAS, it is necessary for the City to preserve the public health, safety and welfare,
to provide its residents and businesses with potable water service; and
WHEREAS, due to the unforeseen damage to the City’s water well, it is necessary for the
City to enter in to an emergency repair contract without the time delay of competitive bidding to
preserve and protect the public health and safety; and
WHEREAS, THI Water Well, LLC. has presented a proposal for the repair of the water
well; and
WHEREAS, the City Council finds that the passage of this Resolution is in the best
interest of the citizens of Sanger.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SANGER, TEXAS:
SECTION 1. The facts and recitals set forth in the preamble of this resolution are hereby
found to be true and correct.
SECTION 2. That the City Council finds and determines that the above conditions exist
and that it necessary for City staff to procure by contract for the emergency repair of Water Well
No. 7 located at 917 Utility Road and that said repairs are necessary to preserve and protect the
public health and safety of the citizens of the City by provision of a public water system.
SECTION 3. That the City Council finds that the services to be performed by THI Water
Well, LLC, to repair Water Well No.7 are not subject to the competitive bidding requirements of
Chapter 252 of the Texas Local Government Code as it is necessary to preserve and protect the
public health and safety of the City’s residents.
SECTION 4. That the City Manager and other responsible City staff are authorized and
directed to execute a letter contract attached as “Exhibit A” and any subsequent amendments or
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Item 3.
Resolution – Emergency Water Repair Contract with THI Water Well, LLC
Page 2 of 2
change orders with THI Water Well, LLC to repair the water well for the amount of $102,922.31
and said expenditure is hereby approved. THI Water Well, LLC, shall provide as part of the
letter contract a Certificate of Insurance showing Commercial General Liability and Commercial
Vehicle Insurance and other coverages required by the City.
SECTION 5. This Resolution shall take effect immediately from and after its passage, and
it is accordingly so resolved.
SECTION 6. That this resolution shall become effective from and after its date of passage.
PASSED AND APPROVED THIS THE 4TH DAY OF DECEMBER 2023.
APPROVED:
ATTEST: ___________________________
Thomas E. Muir, Mayor
_____________________________
Kelly Edwards, City Secretary
ATTEST:
_____________________________
Hugh Coleman, City Attorney
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Item 3.
Payable in Bowie, TX. Terms: Due Upon Receipt 1 1/2% Interest Charged After Maturity
THI Water Well
PO Box 1419
Bowie, TX 76230
940-872-6633
INVOICE
BILL TO
City of Sanger
P O Box 1729
Sanger, TX 76266
SHIP TO
City of Sanger
P O Box 1729
Sanger, TX 76266
INVOICE #3355
DATE 11/03/2023
TERMS Due on receipt
SERVICE DATE WELL LOCATION POINT OF CONTACT
10/30 & 31 - 11/01,02/2023 Well 7 Job 10695 Jim Bolz
DESCRIPTION QTY RATE TOTAL AFE/CC/PO#
SERVICE CHARGES
We pulled the well on 10-30-2023 & 10-31-2023 for a grounded
motor. We found the motor was grounded and had lost a
winding and the wire is bad, as well with one lead going to
ground. It looks like the well took a lightning strike or high
voltage spike. We went back on 11-02-2023 & 11-03-2023 and
installed a new motor and our test wire ( new wire is 6 weeks
out for availability). We replaced the seal tight and flushed the
well out.
Rig Time 4 4,000.00 16,000.00
MATERIAL CHARGES
Franklin Motor - 175hp 1 48,182.00 48,182.00
Wire - 250 mcm 910 35.00 31,850.00
Check Valve(s) - 6"3 1,532.00 4,596.00
Splice Kit 1 500.00 500.00
Column Pipe - 6"21 46.00 966.00
Air Line 875 0.40 350.00
Seal tight & lugs 1 478.31 478.31
REGULATED BY:
THE TEXAS DEPT. OF LICENSING
AND REGULATION
P.O. BOX 12157
AUSTIN, TX 78711
800-803-9202
512-463-7880
SUBTOTAL 102,922.31
TAX 0.00
TOTAL 102,922.31
BALANCE DUE $102,922.31
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Item 3.
CITY COUNCIL COMMUNICATION
DATE: December 4, 2023
FROM: Casey Welborn, Fire Marshal
AGENDA ITEM: Consideration and possible action on the 2023-2024 Interlocal Cooperation
Agreement Fire Protection Services between Denton County and the City of
Sanger, Denton County, Texas and authorize the Mayor or City Manager to
execute the agreement.
SUMMARY:
N/A
FISCAL INFORMATION:
Budgeted: N/A Amount: N/A GL Account: N/A
RECOMMENDED MOTION OR ACTION:
N/A
ATTACHMENTS:
2023-2024 Interlocal Cooperation Agreement Fire Protection Services
Exhibit A - Map
25
Item 4.
2023-2024 Interlocal Corporation Agreement – Fire Protection Services/Sanger Page 1 of 6
THE COUNTY OF DENTON §
§ SANGER FIRE DEPARTMENT
§
STATE OF TEXAS §
INTERLOCAL COOPERATION AGREEMENT
FIRE PROTECTION SERVICES
THIS AGREEMENT, which has an effective date of October 1, 2023, is made and
entered into by and between Denton County, Texas (“the COUNTY”) and the Sanger Fire
Department (“the AGENCY”).
WHEREAS, the COUNTY is a duly organized political subdivision of the State of
Texas engaged in the administration of county government and related services for the benefit of
the citizens of Denton County; and
WHEREAS, the AGENCY is a non-profit agency, duly organized and operating under
the laws of the State of Texas and engaged in the provision of fire protection services and related
services for the benefit of the citizens of the City of Sanger; and
WHEREAS, the AGENCY is the owner and operator of certain fire protection vehicles
and other equipment designed for the extinguishing of fire and prevention of damage to property
and injury to persons from fire and has in its employ trained personnel whose duties are related
to the use of such vehicles and equipment; and
WHEREAS, the COUNTY and the AGENCY mutually desire to be subject to and
contract pursuant to provisions of the Texas Government Code, Chapter 791 and the Texas Local
Government Code, Chapter 352, and
NOW, THEREFORE, the COUNTY and the AGENCY, for the mutual promises,
covenants, Agreements and consideration stated herein, agree as follows:
I.
TERM
The term of this Agreement shall be for the period beginning of October 1, 2023, and
ending September 30, 2024.
II.
SERVICES
The services to be rendered in accordance with this Agreement by the AGENCY are the
fire protection services normally rendered by the AGENCY to citizens of the City of Sanger in
circumstances of emergency, but which services will now be extended to all citizens of the
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Item 4.
2023-2024 Interlocal Corporation Agreement – Fire Protection Services/Sanger Page 2 of 6
COUNTY residing in the unincorporated areas of the COUNTY within the operating territory or
jurisdiction of the AGENCY, as agreed to by the AGENCY and the COUNTY in this
Agreement and as set forth in “Exhibit A,” attached hereto and incorporated herein by reference.
These services are rendered in consideration of the basic funding and the separate per call fee set
forth in this Agreement for the common good and benefit and to serve the public convenience
and necessity of the citizens of the COUNTY who are not otherwise protected with respect to
fire prevention, extinguishment, safety and rescue services. The services to be rendered are as
follows:
A. The AGENCY shall make available and provide emergency fire prevention,
extinguishment, safety and rescue services within the agreed or specified territory
or jurisdiction of the AGENCY.
B. The AGENCY shall respond to requests for fire protection services made within
the portion of the COUNTY designated as “Sanger” as set out in Exhibit "A".
C. The COUNTY agrees that, in the event a fire in the AGENCY's unincorporated
designated area which the AGENCY considers to be of an incendiary nature and
upon request by the AGENCY, the County Fire Marshal will dispatch
investigation personnel to the fire scene within a response time sufficient to
legally maintain and protect all evidence of said fire and will conduct all
appropriate investigation and assist in the prosecution of any case of arson. The
AGENCY shall not be responsible for investigations of suspected incendiary fires
in the unincorporated areas, but shall cooperate with the County Fire Marshal in
immediately relating all pertinent information possible to the investigator(s).
D. The COUNTY agrees that the County Fire Marshal may assist in the conduct of
appropriate investigations of a fire which the AGENCY considers to be of
incendiary nature in the AGENCY's incorporated area upon request of the
AGENCY.
E. The AGENCY shall submit monthly statements on the Texas Fire Incident
Reporting System's standardized forms to the Denton County Fire Marshal, 3900
Morse St., 2nd Floor, Denton, Texas 76208. This form will serve as the billing
statement to the COUNTY for reimbursement of calls made in the unincorporated
area. The Denton County Fire Marshal shall provide the forms upon request from
the AGENCY.
F. The AGENCY, in the performance of its duties and responsibilities under this
Agreement, shall have the responsibility, within the sole discretion of the officers
and employees of the AGENCY, except as otherwise determined by the Denton
County Fire Marshal, to determine priorities in the dispatching and use of the
AGENCY’s equipment and personnel, and the judgment of any such officer or
employee as to such matters shall be the final determination.
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Item 4.
2023-2024 Interlocal Corporation Agreement – Fire Protection Services/Sanger Page 3 of 6
The COUNTY shall designate the County Judge to act on behalf of the COUNTY and to
serve as "Liaison Officer" between the COUNTY and the AGENCY. The County Judge, or his
designated substitute, shall devote sufficient time and attention to insure the performance of all
duties and obligations of the COUNTY under this Agreement and shall provide immediate and
direct supervision of employees, agents, contractors, sub-contractors and/or laborers of the
COUNTY engaged in the performance of this Agreement for the mutual benefit of the
COUNTY and the AGENCY.
III.
PERFORMANCE OF SERVICE
The AGENCY shall devote sufficient time and attention to insure the performance of all
duties and obligations of the AGENCY under this Agreement and shall provide immediate and
direct supervision of the AGENCY’s employees, agents, contractors, sub-contractors and/or
laborers engaged in the performance of this Agreement for the mutual benefit of the AGENCY
and the COUNTY.
IV.
COMPENSATION
The COUNTY agrees to pay to the AGENCY for the full performance of services as
provided in this Agreement the sum of $10,000.00, payable upon execution of this Agreement,
and further agrees to pay the sum of $700.00 per fire call in the designated unincorporated areas
of the COUNTY from October 1, 2023 to September 30, 2024. The COUNTY anticipates the
AGENCY to run approximately 364 fire calls for a total funding of $254,800.00 for fire calls.
The total payments by the COUNTY to the AGENCY pursuant to this Agreement are estimated
to be $264,800.00. The COUNTY will make no payment to the AGENCY for service provided
outside the agreed service district whether by Mutual Aid Agreement or otherwise. The
AGENCY understands and agrees that payment by the COUNTY to the AGENCY shall be
made in accordance with the normal and customary processes and business procedures of the
COUNTY and in conformance with applicable state law.
V.
FINANCIAL RECORDS
The AGENCY agrees to make its financial records available for audit and/or review by
the COUNTY, upon request by the COUNTY.
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Item 4.
2023-2024 Interlocal Corporation Agreement – Fire Protection Services/Sanger Page 4 of 6
VI.
RESPONSIBILITY OF THE COUNTY
The COUNTY, to the extent permitted by law, shall be responsible for the acts,
negligence and omissions of all officers, employees and agents of the COUNTY who are
engaged in the performance of this Agreement.
VII.
RESPONSIBILITY OF THE AGENCY
The AGENCY, to the extent permitted by law, shall be responsible for the acts,
negligence and omissions of all officers, employees and agents of the AGENCY who are
engaged in the performance of this Agreement.
VIII.
APPLICABLE LAW
The COUNTY and the AGENCY understand and agree that liability under this contract
is governed by the Texas Government Code, Chapter 791 and the Texas Local Government
Code, Chapter 352. This Agreement is made in contemplation of the applicability of these laws
to the Agreement. Insofar as legally possible the COUNTY and the AGENCY agree to be
bound by the above mentioned statutes as they exist as of the date of this Agreement.
IX.
DEFAULT
In the event of default of any of the covenants herein contained, this Agreement may be
terminated at the discretion of the non-defaulting party if such default continues for a period of
ten (10) days after notice to the other party in writing of such default and the intent to terminate
this Agreement due to the default. Unless the default is cured, this Agreement shall terminate.
X.
TERMINATION
This Agreement may be terminated any time, by either the COUNTY or the AGENCY
by giving sixty (60) days advance written notice to the other party. In the event of termination by
either party, the AGENCY shall be compensated pro rata for all services performed to the
termination date together with reimbursable expenses then due as authorized by this Agreement.
In the event of such termination, should the AGENCY be overcompensated on a pro rata basis
for all services performed to the termination date and/or be overcompensated reimbursable
expenses, the COUNTY shall be reimbursed pro rata for all such overcompensation.
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2023-2024 Interlocal Corporation Agreement – Fire Protection Services/Sanger Page 5 of 6
Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise
arise out of this Agreement.
XI.
GOVERNMENTAL IMMUNITY
The fact that the COUNTY and the AGENCY accept certain responsibilities relating to
the rendition of fire protection services under this Agreement as part of their responsibility for
providing protection for the public health makes it imperative that the performance of these vital
services be recognized as a governmental function and that the doctrine of governmental
immunity shall be, and it is hereby, invoked to the extent permitted by law. Neither the
AGENCY, nor the COUNTY waive, nor shall be deemed to have hereby waived, any immunity
or defense that would otherwise be available to it against claims arising from the exercise of
government powers and functions.
XII.
ENTIRE AGREEMENT
This Agreement represents the entire Agreement between the COUNTY and the
AGENCY and supersedes all prior negotiations representations and Agreements, either written
or oral. This Agreement may be amended only by written instrument signed by both parties.
XIII.
LAW OF CONTRACT
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. The venue for any dispute, or
matter, arising under this Agreement shall lie in Denton County, Texas.
XIV.
SEVERABILITY
In the event that any portion of this Agreement shall be found to be contrary to law, it is
the intent of the parties hereto that the remaining portions shall remain valid and in full force and
effect to the fullest extent possible.
XV.
AUTHORITY
The undersigned officer or agents of the parties hereto are the properly authorized
officials and have the necessary authority to execute this Agreement on behalf of the parties.
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2023-2024 Interlocal Corporation Agreement – Fire Protection Services/Sanger Page 6 of 6
XVI.
SERVICE AREA
Acceptance of this Agreement constitutes approval of the service area set out in attached
Exhibit “A”.
EXECUTED this _________ day of ___________, 20____.
Denton County, Texas Sanger Fire Department
1 Courthouse Drive, Suite 3100 P.O. Box 1729
Denton, Texas 76208 Sanger, Texas 76266
By By ______________________________
Andy Eads Name ____________________________
Denton County Judge
ATTEST: APPROVED AS TO CONTENT:
By: _________________________ By: _________________________
Denton County Clerk Denton County Fire Marshal
AUDITOR’S CERTIFICATE
I hereby certify that funds are available in the amount of $ to
accomplish and pay the obligation of Denton County under this Agreement.
Denton County Auditor
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Item 4.
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Item 4.
CITY COUNCIL COMMUNICATION
DATE: December 4, 2023
FROM: Casey Welborn, Fire Marshal
AGENDA ITEM: Consideration and possible action on the 2023-2024 Interlocal Cooperation
Agreement Ambulance Services between Denton County and the City of Sanger,
Denton County, Texas and authorize the Mayor or City Manager to execute the
agreement.
SUMMARY:
N/A
FISCAL INFORMATION:
Budgeted: N/A Amount: N/A GL Account: N/A
RECOMMENDED MOTION OR ACTION:
N/A
ATTACHMENTS:
2023-2024 Interlocal Cooperation Agreement Fire Protection Services
Exhibit A - Map
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2023-2024 Interlocal Corporation Agreement – Ambulance Services/Sanger Page 1 of 7
THE COUNTY OF DENTON §
§ SANGER FIRE DEPARTMENT -
§ AMBULANCE SERVICES
§
STATE OF TEXAS §
INTERLOCAL COOPERATION AGREEMENT
AMBULANCE SERVICE
THIS AGREEMENT, which has an effective date of October 1, 2023, is made and
entered into by and between Denton County, Texas (“the COUNTY”), and the Sanger Fire
Department (“the AGENCY”).
WHEREAS, the COUNTY is a duly organized political subdivision of the State of
Texas engaged in the administration of county government and related services for the benefit of
the citizens of Denton County; and
WHEREAS, the AGENCY is a non-profit agency, duly organized and operating under
the laws of the State of Texas and engaged in the provision of ambulance services and related
services for the benefit of the citizens of the City of Sanger; and
WHEREAS, the AGENCY is an owner and operator of certain ambulance vehicles and
other equipment designed for the transportation of persons who are sick, infirmed or injured and
has in its employ trained personnel whose duties are related to the treatment of said individuals
and the use of such vehicles and equipment; and
WHEREAS, the COUNTY desires to obtain emergency ambulance and related services
for the benefit of residents of the COUNTY living in unincorporated areas of the COUNTY
which the AGENCY is capable of providing; and
WHEREAS, the provision of emergency ambulance and related services is a
governmental function that serves the public health and welfare and is of mutual concern to both
the COUNTY and the AGENCY; and
WHEREAS, the COUNTY desires to enter into an exclusive agreement with the
AGENCY to provide efficient emergency ambulance service; and
WHEREAS, the COUNTY desires to expend County funds to defray the expense of
establishing, operating and maintaining emergency ambulance services in the County; and
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2023-2024 Interlocal Corporation Agreement – Ambulance Services/Sanger Page 2 of 7
WHEREAS, the COUNTY and the AGENCY mutually desire to be subject to and
contract pursuant to the provisions of Texas Government Code, Chapter 791 and Texas Health
and Safety Code, Section 774.003, and
NOW THEREFORE, the COUNTY and the AGENCY, in consideration of the mutual
promises, covenants, and Agreements stated herein, agree as follows:
I.
TERM
The term of this Agreement shall be for the period beginning of October 1, 2023, and
ending on September 30, 2024.
II.
DEFINITIONS
As used herein, the words and phrases hereinafter set forth shall have the meanings as
follows:
A. "Emergency" shall mean any circumstance that calls for immediate action and in
which the element of time in transporting the sick, wounded or injured for
medical treatment is essential to the health or life of a person or persons. Whether
an emergency, in fact, exists is solely up to the discretion of the AGENCY. For
dispatch purposes only, "emergency" shall include, but not be limited to:
1. The representation by the individual requesting ambulance service that an
immediate need exists for the transportation of a person from any location
within the agreed operating area of the AGENCY to a place where
emergency medical treatment may be obtained; or
2. The representation by the individual requesting ambulance service that an
immediate need exists for the transportation of a person from any location
within the agreed operating area of the AGENCY to the closest medical
facility.
B. “Rural area” means any area within the boundaries of the COUNTY, but outside
the corporate limits of all incorporated cities, towns and villages within the
COUNTY.
C. “Urban area” means any area within the corporate limits of an incorporated city,
town or village within the COUNTY.
D. “Emergency ambulance call” means a response to a request for ambulance service
by the personnel of the AGENCY in a situation involving an emergency, as
defined above, by an ambulance vehicle. A single response to a call may involve
the transportation of more than one person at a time, but shall be considered as
only one call.
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III.
SERVICES
The services to be rendered under this Agreement by the AGENCY are the ambulance
services normally rendered by the AGENCY to citizens of City of Sanger in circumstances of
emergency, but which services will now be extended to all citizens of the COUNTY residing in
the unincorporated areas of the COUNTY within the operating territory or jurisdiction of the
AGENCY, as agreed to by the AGENCY and the COUNTY in this Agreement and as set forth
in “Exhibit A,” attached hereto and incorporated herein by reference.
It is recognized that the officers and employees of the AGENCY have the duty and
responsibility of rendering ambulance services to citizens of the AGENCY and the COUNTY.
In the performance of these duties and responsibilities, it shall be within the sole responsibility
and discretion of the officers and employees of the AGENCY to determine priorities in the
dispatching and use of such equipment and personnel and the judgment of the officer or
employee shall be final.
The COUNTY shall designate the County Judge to act on behalf of the COUNTY and to
serve as "Liaison Officer" between the COUNTY and the AGENCY. The County Judge, or his
designated substitute, shall devote sufficient time and attention to insure the performance of all
duties and obligations of the COUNTY under this Agreement and shall provide for the
immediate and direct supervision of employees, agents, contractors, sub-contractors and/or
laborers of the COUNTY engaged in the performance of this Agreement.
IV.
PERFORMANCE OF SERVICES
The AGENCY shall devote sufficient time and attention to insure the performance of all
duties and obligations of the AGENCY under this Agreement and shall provide immediate and
direct supervision of the AGENCY’s employees, agents, contractors, sub-contractors and/or
laborers engaged in the performance of this Agreement for the mutual benefit of the AGENCY
and the COUNTY.
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Item 5.
2023-2024 Interlocal Corporation Agreement – Ambulance Services/Sanger Page 4 of 7
V.
COMPENSATION
COUNTY agrees to pay to the AGENCY an estimated fee of $179,147.00 (amount
rounded to the nearest dollar) based on a funding formula as follows:
1. A fixed sum based on a population percentage .4601 per capita; said sum
computes to $7,740.47.
2. A fixed sum of $254.7139 per ambulance transport for an estimated maximum
amount of $87,112.14. Said sum is based upon 342 transports made by the
AGENCY in fiscal year 2023.
3. A fixed sum based on 112.99 rural miles in the agreed operating territory; said
sum computes to $84,294.21.
The first and third sums are based upon population and mileage figures obtained from the North
Central Texas Council of Governments. The second sum is based upon the definition of an
“ambulance call” for purposes of this Agreement. Payment shall not be allowed for any instance
in which a patient is not transported. Consistent with the reporting procedures described below,
the AGENCY shall receive payment for transporting the patient regardless of the service
delivery area in which the call originated.
Requests for payment shall be submitted on the standardized ambulance transportation
reporting form approved and provided by the COUNTY. It shall be the responsibility of the
AGENCY to fully complete the forms and to provide complete and accurate patient information.
Requests for payment shall be submitted within five (5) days of the performance of service by
the AGENCY. Requests not timely submitted shall not be considered for payment. Requests
for payment may be submitted by personal delivery, U.S. Mail, facsimile or computer telephone
link to the office of the Denton County Fire Marshal. The date of submission shall be the date
the fully documented request is received in said office.
VI.
FINANCIAL RECORDS
The AGENCY agrees to make its financial records available for audit and/or review by
the COUNTY, upon request by the COUNTY.
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VII.
RESPONSIBILITY OF THE COUNTY
The COUNTY, to the extent permitted by law, shall be responsible for the acts,
omissions and negligence of all officers, employees and agents of the COUNTY who are
engaged in the performance of this Agreement.
VIII.
RESPONSIBILITY OF THE AGENCY
The AGENCY, to the extent permitted by law, shall be responsible for the acts,
omissions and negligence of all officers, employees and agents of the AGENCY who are
engaged in the performance of this Agreement.
IX.
APPLICABLE LAW
The COUNTY and the AGENCY understand and agree that liability under this contract
is governed by Texas Government Code, Chapter 791 and Texas Health and Safety Code,
Section 774.003. This Agreement is made in contemplation of the applicability of these laws to
the Agreement. Insofar as legally possible the COUNTY and the AGENCY agree to be bound
by the above mentioned statutes as they exist as of the date of this Agreement.
X.
DEFAULT
In the event of default of any of the covenants herein contained, this Agreement may be
terminated at the discretion of the non-defaulting party if such default continues for a period of
ten (10) days after notice to the other party in writing of such default and the intent to terminate
this Agreement due to the default. Unless the default is cured, this Agreement shall terminate.
XI.
TERMINATION
This Agreement may be terminated at any time by either the COUNTY or the AGENCY
by giving sixty (60) days advance written notice to the other party. In the event of termination
by either party, the AGENCY shall be compensated pro rata for all services performed to
termination date together with reimbursable expenses then due as authorized by this Agreement.
In the event of such termination, should the AGENCY be overcompensated on a pro rata basis
for all services performed to the termination date and/or be overcompensated for reimbursable
expenses, the COUNTY shall be reimbursed pro rata for all such overcompensation.
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2023-2024 Interlocal Corporation Agreement – Ambulance Services/Sanger Page 6 of 7
Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise
arise out of this Agreement.
XII.
GOVERNMENTAL IMMUNITY
The fact that the COUNTY and the AGENCY accept certain responsibilities relating to
the rendering of ambulance services under this Agreement as a part of their responsibility for
providing protection for the public health makes it imperative that the performance of these vital
services be recognized as a governmental function and that the doctrine of governmental
immunity shall be, and is hereby, invoked to the extent permitted under the law. Neither the
AGENCY, nor the COUNTY waive, nor shall be deemed to have hereby waived any immunity
or defense that would otherwise be available to it against claims arising from the exercise of
governmental powers and functions.
XIII.
ENTIRE AGREEMENT
This Agreement represents the entire Agreement between the COUNTY and the
AGENCY and supersedes all prior negotiations, representations and Agreements, either written
or oral. This Agreement may be amended only by written instrument signed by both parties.
XIV.
LAW OF CONTRACT
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. The venue for any dispute, or
matter, arising under this Agreement shall lie in Denton County, Texas.
XV.
SEVERABILITY
In the event that any portion of this Agreement shall be found to be contrary to law, it is
the intent of the parties hereto that the remaining portions of this Agreement shall remain valid
and in full force and effect to the fullest extent possible.
XVI.
AUTHORITY
The undersigned officer or agents of the parties are the properly authorized officials and
have the necessary authority to execute this Agreement on behalf of the Parties.
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2023-2024 Interlocal Corporation Agreement – Ambulance Services/Sanger Page 7 of 7
XVII.
SERVICE AREA
Acceptance of this Agreement constitutes approval of the service area set out in attached
Exhibit “A”.
EXECUTED this __________ day of ____________, 20____.
COUNTY: AGENCY:
Denton County, Texas Sanger Fire Department
1 Courthouse Drive, Suite 3100 City of Sanger
Denton, Texas 76208 P.O. Box 1729
Sanger, Texas 76266
By: By:
Andy Eads Name _________________________
Denton County Judge Title __________________________
ATTEST: APPROVED AS TO CONTENT:
By: By:
Denton County Clerk Denton County Fire Marshal
AUDITOR’S CERTIFICATE
I hereby certify that funds are available in the amount of $ to
accomplish and pay the obligation of Denton County under this Agreement.
Denton County Auditor
40
Item 5.
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Item 5.
CITY COUNCIL COMMUNICATION
DATE: Date of meeting
FROM: Clayton Gray, Chief Financial Officer
AGENDA ITEM: Consideration and possible action on a contract with Republic Services for solid
waste and recycling services and authorizing the City Manager to execute the
contract and all necessary documents.
SUMMARY:
The City’s current contract with Waste Connections expires December 31, 2023.
City Council approved issuing an RFP for service on September 5, 2023.
Five proposals were received to the RFP.
The City Council selected Republic Services on October 16, 2023.
The contract is from January 1, 2024, through December 31, 2028.
FISCAL INFORMATION:
Budgeted: N/A Amount: N/A GL Account: N/A
RECOMMENDED MOTION OR ACTION:
Staff recommends approval.
ATTACHMENTS:
Agreement for Solid Waste and Recycling Services
42
Item 6.
AGREEMENT FOR SOLID WASTE AND RECYCLING SERVICES
This Agreement for Solid Waste and Recycling Services (this "Agreement") is made
and entered into by and between the City of Sanger Texas, a home-rule Texas Municipal
Corporation ("the City") and Allied Waste Systems, Inc. dba Republic Services of Lewisville,
a Texas Limited Liability Corporation ("Contractor"), located in Lewisville, Texas
(collectively, “the Parties”).
WITNESSETH:
WHEREAS, the City seeks to contract for Solid Waste and Recycling Services for the
benefit of the citizens of the City of Sanger; and
WHEREAS, the City has received a proposal from Republic Services to provide Solid
Waste and Recycling Services; and
WHEREAS, the City has selected the bid from Republic Services as the best value for the
providing Solid Waste and Recycling Services;
NOW, THEREFORE, in consideration of the promises and mutual covenants and
agreements set forth herein and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Contractor and the City, agree as follows:
1. Scope of Services. Contractor shall be bound by the terms and conditions
described in the Request for Proposal issued by the City attached hereto and incorporated herein
by reference as Exhibit A and Contractor’s response (“the Proposal”) attached hereto and
incorporated herein by reference as Exhibit B.
2. Commencement of Operations. Contractor shall begin immediately upon receipt
of a fully executed copy of this Agreement and the receipt of a Notice to Proceed from the City
of Sanger.
3. Compensation. In consideration for the work performed by Contractor, the City
to the amounts and manner indicated on the documents attached hereto and incorporated herein
in Exhibit B with a yearly increase of four percent (4%)..
4. WARRANTY AND DEGREE OF CARE. CONTRACTOR WARRANTS
THE MATERIALS USED SHALL BE FREE OF DEFECT OR FAILURE FOR A
PERIOD OF AT LEAST ONE YEAR FROM THE DATE OF COMPLETION OF THE
SERVICES AND THAT ALL SERVICES PROVIDED BY CONTRACTOR SHALL BE
PERFORMED IN A GOOD AND WORKMANLIKE MANNER IN ACCORDANCE
WITH THE SPECIFICATIONS OF THIS AGREEMENT AND IN ACCORDANCE
WITH THE DEGREE OF CARE AND SKILL ORDINARILY EXERCISED UND ER
SIMILAR CIRCUMSTANCES BY COMPETENT CONTRACTORS IN TEXAS
APPLICABLE TO THE TYPE OF SERVICES CONTEMPLATED HEREUNDER. IN
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Item 6.
THE EVENT ANY DEFECT IS DISCOVERED OR DEVELOPS IN MATERIALS
PROVIDED BY CONTRACTOR OR WORK PERFORMED BY CONTRACTOR
WITHIN ONE YEAR AFTER COMPLETION OF THE SERVICES, CONTRACTOR
WILL REPAIR OR REPLACE ANY SUCH MATERIALS OR WORK SO THAT IT IS
NOT DEFECTIVE AND MEETS THE REQUIREMENTS OF THIS AGREEMENT.
5. Confidentiality and Ownership of Documents. Contractor shall keep confidential
information and documents provided by the City confidential and shall not release them without
the consent of the City. Upon completion of the Renovations and payment of the Compensation
owed, all documents created for the City pursuant to this Agreement shall be the property of the
City and shall be provided to the City by Contractor.
6. INDEMNIFICATION. CONTACTOR SHALL DEFEND, INDEMNIFY,
AND HOLD CITY (OR ANY OF CITY’S REPRESENTATIVES OR EMPLOYEES), FREE
AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES,
DEMANDS, LOSSES, DAMAGES, COSTS OR EXPENSE TO ALL PERSONS
(INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES) TO THE
EXTENT ARISING OUT OF RESULTING FROM OR OCCURRING IN CONNECTION
WITH THE PERFORMANCE OF THE SERVICES THAT IS (I) ATTRIBUTABLE TO
ANY BODILY OR PERSONAL INJURY, SICKNESS, DISEASES OR DEATH OF ANY
PERSON OR ANY DAMAGE OR INJURY TO OR DESTRUCTION OF REAL OR
PERSONAL PROPERTY (OTHER THAN THE WORK ITSELF) INCLUDING THE
LOSS OF USE THEREOF, AND (II) CAUSED IN WHOLE OR IN PART BY NEGLIGENT,
STRICT LIABILITY OR OTHER ACT OR OMISSION OF CONTRACTOR, ANY
SUBCONTRACTOR OR SUPPLIER, THEIR RESPECTIVE AGENTS OR EMPLOYEES
OR ANY OTHER PARTY FOR WHOM ANY OF THEM MAY BE LIABLE
REGARDLESS OF WHETHER SUCH IS CAUSED IN PART BY THE NEGLIGENT,
STRICT LIABILITY OR OTHER ACT OR OMISSION OF A PARTY OR PARTIES
INDEMNIFIED HEREUNDER. COMPANY SHALL HAVE NO INDEMNIFICATION
OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT OF CITY’S
NEGLIGENCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS
AGREEMENT, TO THE EXTENT THAT ANY EMPLOYEE OF COMPANY ASSERTS A
CLAIM AGAINST THE CITY THAT WOULD HAVE BEEN BARRED UNDER
WORKERS' COMPENSATION INSURANCE, COMPANY SHALL BE SOLELY
RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY AND HOLD CITY (OR ANY
OF CITY'S REPRESENTATIVES OR EMPLOYEES), FREE AND HARMLESS FROM
AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DEMANDS, LOSSES,
DAMAGES, COSTS OR EXPENSE FOR ANY SUCH CLAIMS NOTWITHSTANDING
THE FACT THAT COMPANY IS A NON-SUBSCRIBER TO WORKERS'
COMPENSATION INSURANCE IN THE STATE OF TEXAS. SAID INDEMNITY AND
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Item 6.
HOLD HARMLESS AGREEMENT SHALL ALSO APPLY TO CLAIMS ARISING FROM
ACCIDENTS TO COMPANY, ITS AGENTS OR EMPLOYEES, WHETHER
OCCASIONED BY COMPANY OR ITS EMPLOYEES, THE CITY OR ITS EMPLOYEES
OR BY ANY OTHER PERSON OR PERSONS. IN THE EVENT OF JOINT OR
CONCURRENT NEGLIGENCE OF BOTH COMPANY AND THE CITY,
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
COMPANY OR THE CITY UNDER TEXAS LAW. THE CITY SHALL BE
RESPONSIBLE FOR ITS NEGLIGENCE AND COMPANY SHALL HAVE NO
INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT
OF THE CITY’S NEGLIGENCE. THE INDEMNIFICATION OBLIGATION SHALL
NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE
OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE UNDER THE WORKERS’
OR WORKMEN’S COMPENSATION ACTS, DISABILITY ACTS OR OTHER
EMPLOYEE BENEFIT ACTS.
7. Insurance. Contractor shall be solely responsible for any insurance required under the
terms of the agreement, including, but not limited to, payment of premium and deductibles whether or
not the City is an additional insured, via blanket form endorsement, under the policies, except workers
compensation, or other state-approved program/employer’s and for any additional insurance it deems
necessary. City does not and shall not carry insurance policies covering the contractor. Contractor must
notify City in writing at least thirty (30) days prior to any non-renewal of or material change in the
insurance coverage(s) required by this contract. Contractor shall ensure that the insurance coverage
required under the contract is obtained and maintained to cover its work hereunder. City shall retain the
right, at any time, to review coverage, and amount of insurance coverage, via an ACORD 25 Certificate
of Insurance. The procuring of the required policy or policies of insurance shall not be construed to
limit contractor’s liability to fulfill the requirements under this contract. Notwithstanding said policy or
policies of insurance, Contractor shall be obligated for the full and total amount of any damages, injury,
or loss caused by the action or inaction of the successful Contractor in connection with this contract. All
insurance certificates and ACORD 25 certificates shall be received and approved by City before the
Contractor will be allowed to commence or continue work. Notice of accident (occurrence) and claim
shall be given to the insurance company and City as soon as practicable after notice to the insured of
any incident (occurrence) or claim. The obligations of Contractor pursuant to this section shall survive
the expiration or termination of this contract. Failure to comply with any term of this section is a breach
of this contract and may result in the termination of this contract.
A. Workers’ Compensation and Employers’ Liability:
i. State of Texas: $1,000,000 Each Accident
ii. Employer’s Liability: $100,000 Each Accident
$500,000 Disease-Policy Limit
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Item 6.
$100,000 Disease-Each Employee
iii. Waiver of Subrogation via blanket-form endorsement
Contractor shall furnish the City with an original Accord 25 certificate of insurance supplemented
with the applicable blanket form endorsements, but not limited to, the additional insurance endorsements,
evidencing that such coverages are in effect. Such Certificate: (1) will also be supplemented with blanket
form endorsements, except Workers Compensation, or other state approved program/Employer’s
Liability, stipulated to provide (30) days prior written notice of cancellation to the City; (ii) shall show the
City as an additional insured on page two of the certificate and the certificate shall be supplemented with
additional blanket-form endorsements on all policies other than Worker’s Compensation, or other state
approved program ; and, (iii) shall contain waivers of subrogation in favor of the City (excluding Worker’s
Compensation policy) except with respect to the sole negligence or willful misconduct of the City.
B. Commercial General Liability:
i. Bodily Injury & Property
ii. Damage General
Aggregate Limit:
$1,000,000
iii. Personal & Advertising
Injury Limit $500,000
iv. Each Occurrence Limit
$1,000,000
C. Commercial Automobile Liability Limits:
i. Bodily Injury & Property
Damage Combined
Single Limit: $1,000,000
Contractor shall procure and maintain in force during the terms of this contract, at its own cost,
the above minimum insurance or other state approved coverage.
8. Non-Discrimination. Contractor hereby agrees to refrain from any activity in the
performance of this Agreement that discriminates against any person or persons based upon
race, color, creed, national origin, religion, sex, or communicable disease, in accordance with
present federal and state laws.
9. Definitions
i. Unacceptable Waste. Unacceptable Waste means: (1) Hazardous Waste;
(2) radioactive, volatile, corrosive, highly flammable, explosive,
biomedical, infectious, biohazardous, or toxic waste as defined by
Applicable Law; or (3) any otherwise regulated waste.
ii. Hazardous Waste. Hazardous waste includes, but is not limited to, any
amount of waste listed or characterized as hazardous by the United States
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Item 6.
Environmental Protection Agency or any state agency pursuant to RCRA,
and including future amendments thereto, and any other Applicable Law.
iii. Recyclable Material. Recyclable Material consists of any material or
substance at City Locations that can be put to beneficial re-use or sold in
recognized markets for purposes other than disposal, including, without
limitation, uncontaminated non-hazardous corrugated cardboard, white
paper, newsprint, and other paper; plastics and plastic film; ferrous and
non-ferrous metals; and glass.
iv. Solid Waste. Solid Waste is any nonhazardous solid waste generated at
City Locations that is not excluded by the provisions of this
Agreement. Solid Waste shall not include any Unacceptable Waste.
v. Waste Material. Waste Material is all Solid Waste and Recyclable
Material that are not excluded by this Agreement. Waste Material does not
include any Unacceptable Waste.
vi. Applicable Law. Applicable Law means any applicable law (whether
statutory or common), including statutes, ordinances, regulations, rules,
governmental orders, governmental decrees, judicial judgments,
constitutional provisions, and requirements of any kind and nature
promulgated or issued by any governmental authority claiming or having
jurisdiction.
vii. Title to Waste. Contractor shall acquire title to Waste Materials when they
are loaded into Contractor’s truck. Title to and liability for any
Unacceptable Waste shall remain with the customer and shall at no time
pass to Contractor.
viii. Right of Refusal: If anything listed as an Unacceptable Waste is
discovered before it is collected by Contractor, Contractor may refuse to
collect the entire pick-up that contains those items. In such situations,
Contractor shall contact the City and the City shall promptly undertake
appropriate action to ensure that such items are removed and properly
disposed of by the depositor or generator of the items. In the event such
items are present but not discovered until after it has been collected by
Contractor, Contractor may, in its sole discretion, remove, transport, and
dispose of such items at a facility authorized to accept those items, in
accordance with Applicable Law and charge the depositor or generator for
all direct and indirect costs incurred due to the removal, remediation,
handling, transportation, delivery, and disposal of those items. The City
shall provide all reasonable assistance to Contractor to conduct an
investigation to determine the identity of the depositor or generator of
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Item 6.
those items and to collect the costs incurred by Contractor in connection
with such items. Subject to the City’s providing all such reasonable
assistance to Contractor, Contractor shall release City from any liability
for any such costs incurred by Contractor in connection with excluded
items, except to the extent that the items are determined to be attributed to
the City.
ix. Specifications for all Recyclable Material. Recyclable Material shall
comply with any and all specifications provided by Contractor in order to
meet quality thresholds for commodity markets and be free of
contamination. To the extent any type of Recyclable Material is received
within the City limits is rejected by the recycling facility or is not of the
intended quality or grade, Contractor will notify the City and City shall
pay any damages, costs, and penalties incurred by Contractor due to such
rejection or lesser quality or grade, to include transportation and disposal
costs for the residual material. If market conditions develop that limit or
inhibit Contractor from selling some or all of the Recyclable Materials,
Contractor may (i) suspend or discontinue any or all Recycling services, or
(ii) dispose of the Recyclable Material in a landfill and update the City’s
rates accordingly.
x. Changes in Market Conditions. If market conditions develop that limit or
inhibit Contractor from selling some or all of the Recyclable Material,
Contractor may at its option and upon notice to City (i) redefine
Recyclable Material, (ii) suspend or discontinue any or all Services, or (iii)
dispose of the Waste Material in a landfill and update the pricing to City
accordingly. Any such actions, if taken, may be reversed, or further
changed as market conditions dictate.
xi. Wavier of Claims. Failure or delay by either party to enforce any
provision of this Agreement will not be deemed a waiver of future
enforcement of that or any other provision.
xii. Equipment: Except as otherwise indicated in the Contract, any equipment
Contractor furnishes shall remain Contractor’s property. The City shall be
liable it the extent allowable by law for all loss or damage to such
equipment (except for normal wear and tear and for loss or damage
resulting from Contractor’s handling of the equipment). The City shall use
the equipment only for its proper and intended purpose and shall not
overload (by weight or volume), move, or alter the equipment. The City
shall provide safe, unobstructed access to the equipment on the scheduled
collection day. The Contractor may charge an additional fee for any
additional collection service required by the failure to provide access.
xiii. Damage to Pavement: Contractor shall not be responsible for any damages
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to City’s pavement, curbing or other driving surfaces resulting from
Contractor’s providing service at City locations, except to the extent
caused by Contractor’s negligence.
10. Termination of Contract. In the event of a failure by either Party to perform any material
provision of the contract, a Party shall give written notice of such failure to the breaching Party along with
a thirty (30) day notice (the “cure period”) to correct such breach. The Party may terminate the contract
after such a cure period if the Party has not adequately corrected such breach in accordance with the
contract and the Party so notifies the breaching Party in writing of such termination action. Upon the
effective date of termination as contained in the notice, the Party shall, unless the notice directs otherwise,
immediately discontinue all Services in connection with the contract. At such time, the Party shall pay the
Party only for charges and fees in which Services performed or Provide Services in or before such
termination date.
i. In the event that the City or the Contractor fails to perform any of the material
provisions of the contract, the appropriate Party shall promptly notify the other Party
of its noncompliance, stating with particularity the facts relating thereto and the
period of time the Party has to comply. Thereafter, if the event or condition is not
corrected or otherwise made to comply with the terms of the contract within the
period of time specified by the Party, the same is a violation of the contract, subject
to the non-compliance penalty set forth in the contract. This remedy is hereby
expressly made cumulative of other remedies available to the Parties, at law or in
equity, for the breach of the contract.
ii. In the event such termination occurs due to the acts of the Contractor, the City may
exercise its rights under the successful Contractor’s performance bond and procure
the services of another waste services provider to complete the work covered under
the contract for the remainder of the time period covered by the initial term of the
contract or extension thereof.
iii. If the City determines, and notifies the Contractor, that such default poses an
immediate threat to the health or safety of any person or to any property interest, and
if the Contractor has not cured such default within twenty-four (24) hours after
receipt of such notice, the City shall have the right to perform or cause to be
performed all or part of the work necessary to cure such default. In the event that the
City performs such work, or caused it to be performed, the Contractor shall
compensate the City for the cost thereof.
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iv. The City shall have the right to deduct any such compensation due to the City from
any sums otherwise due and owing to the Contractor. The City may withhold all or part
of any sums which would otherwise be due to the Contractor, but that relate to such
default, either until such time as such default is cured or if such default cannot be
cured, forever.
11. Independent Contractor. Contractor shall be fully responsible for its employees,
including meeting all state and federal requirements for minimum wage, income tax withholding,
workers' compensation, insurance, and all city, state, and federal requirements governing
employer/employee relations. Contractor hereby certifies that it shall be and is in compliance with
all such regulations, laws and requirements. Contractor shall also require its subcontractor to
provide the same certification to the City.
12. No Third-Party Benefit. Nothing herein expressed or implied is intended, or shall be
construed, to confer upon or give to any person or entity, other than the parties, any right or
remedy under or by reason of this Agreement.
13. Governing Law and Venue. This Agreement shall be governed by the laws of the
State of Texas as to all matters, including but not limited to matters of validity, construction,
effect and performance, without regard to conflict of law principles. All actions regarding this
Agreement shall be in a court of competent subject matter jurisdiction Denton County, Texas.
14. Severability. If any clause or provision of this Agreement is held invalid, illegal or
unenforceable under present or future federal, state or local laws, including but not limited to
the City Code of the City, then and in that event it is the intention of the parties hereto that such
invalidity, illegality or unenforceability shall not affect any other clause or provision hereof and
that the remainder of this Agreement shall be construed as if such invalid, illegal, or
unenforceable clause or provision was never contained herein.
15. Notices/Insurance/Bonds. All notices, bonds, consents, demands, insurance, requests
and other communications which may or are required to be given hereunder shall be in writing
and shall be deemed duly given if personally delivered or sent by United States mail, registered
or certified, return receipt requested, postage prepaid, to the addresses set forth hereunder or to
such other address as the other party hereto may designate in written notice transmitted in
accordance with this provision.
In case of the City, to:
City of Sanger
Attention: City Manager
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P.O. Box 1729
Sanger, TX 76266
With courtesy email copy to jnoblitt@sangertexas.org
In case of Contractor, to:
Cheryl Brock
551 Huffines Blvd
Lewisville, TX 75056
With courtesy copy email to: cbrock@republicservices.com
Entire Agreement. This Agreement and its exhibits contain the entire agreement between the
parties with respect to the subject matter hereof and supersede any and all other discussions,
agreements and understandings, either oral or written, between the parties with respect to the
subject matter hereof. In the event of a dispute under this agreement, the applicable documents
will be referred to for the purpose of clarification or for additional detail in the following order
of precedence: (1) this Agreement; (2) the Request for Proposal; (3) the Response to the Request
for Proposal from the Contractor.
16. Amendment. No amendment to this Agreement shall be effective unless in
writing signed by both parties.
17. Compliance with Laws. Contractor shall comply with all applicable federal,
state, and local laws applicable to the renovations to be performed under this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed
in duplicate originals and effective as of the day of , 202_ (“the
Effective Date”).
CONTRACTOR:
______________________________ LLC
By: __________________
Name: ________________________
Title: ________________________
THE CITY OF SANGER
By: _________________________
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Name: ______________________
Title:________________________
Approved as to Form
_________________________
Hugh Coleman
City Attorney
City of Sanger
Attest:
_______________________
By: City Secretary
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EXHIBIT LIST:
EXHIBIT “A” – City of Sanger Request for Proposal for Solid
Waste and Recycling Services
EXHIBIT “B” – Republic Services Response to Request for
Proposal for Solid Waste and Recycling Services
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