Denton County-2292-Award/Ordinance/Pricing
ORDINANCE NO.~
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AN
INTERLOCAL AGREEMENT WITH DENTON COUNTY TO AUTHORIZE
PARTICIPATION IN VARIOUS DENTON COUNTY CONTRACTS FOR THE
PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE
EXPENDITURE OF FUNDS; AND DECLARING AN EFFECTIVE DATE. (FILE
#2292-INTERLOCAL AGREEMENT WITH DENTON COUNTY).
THE COUPLE OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to execute the attached
agreement., a copy of which is attached hereto and incorporated by reference herein.
SECTION II. That the City Manager is authorized to expend funds pursuant to
the agreement for the purchase of various goods and services.
SECTION III. That this ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the day of Y '1998.
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JAC LLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APP VED qAS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
INTERLOCAL.DOC
COOPERATIVE PURCHASING AGREEMENT
to
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT is made on the 20 day of
OCTOBER 1998, between the City/Town of
DENTON State of Texas, and the County of Denton,
Texas, each referred to herein as participating governments.
WHEREAS, the respective participating governments are
authorized by the Interlocal Cooperation Act, V.T.C.A. Government
Code, Chapter 791, to enter into joint contracts and agreements
for the performance of governmental functions and services
including administrative functions normally associated with the
operation of government such as purchasing of necessary materials
and supplies;
WHEREAS, it is the desire of the aforesaid participating
governments to comply with and further the policies and purposes
of the Interlocal Cooperation Act;
WHEREAS, the participating governments cannot normally obtain
. the best possible purchase price for materials and supplies acting
individually and without cooperation; and
WHEREAS, it is deemed in the best interest of all
participating governments that said governments do enter into a
mutually satisfactory agreement for the purchase of certain
materials and supplies for the Denton County fiscal year 1998-
1999.
WHEREAS, the parties, in performing governmental functions or
in paying for the performance of governmental functions hereunder
shall make that performance or those payments from current
revenues legally available to that party;
NOW, THEREFORE, the parties hereto, in consideration of the
mutual covenants and conditions contained herein and pursuant to
the authority permitted under the Interlocal Cooperation Act,
promise and agree as follows:
I.
Purpose
The purpose of this Agreement is to authorize participation
of the City/Town of DENTON in various Denton County
contracts for the purchase of various goods and services.
. Participation in this cooperative program will be highly
beneficial to the taxpayers of the City/Town through anticipated
savings to be realized.
II.
Duration of Agreement
This Agreement shall be in effect from the date of execution
until terminated by either party to the agreement.
III.
Relationship of Parties
It is agreed that the City/Town, in receiving products and
/or services specified in this agreement, shall act as an
independent purchaser and shall have control of its needs and the
manner in which they are acquired. Neither the City/Town, its
agents, employees, volunteer help or any other person operating
under this contract shall be considered an agent or employee of
Denton County and shall not be entitled to participate in any
pension plans or other benefits that Denton County provides its
employees.
Denton County shall notify all participating entities of
available contracts to include terms of contract, commodity cost,
contact names and addresses. Denton County shall keep
participating governments informed of all changes to the
Cooperative Purchasing list of contracts.
Nothing in this agreement shall
prevent any participating
government from accepting and awarding bids for commodities
subject to this agreement individually and in its own behalf.
IV.
Purchase of Goods and Services
All products and services shall be procured by Denton County
in accordance with procedures governing competitive bids and
competitive proposals.
The participating government will be able to purchase from
those contracts established by Denton County where notice has been
given in the specifications and successful bidder has accepted
terms for Cooperative Purchasing Agreements for local governments
within Denton County.
The participating governments hereto agree that the ordering
of products and services through this agreement shall be their
individual responsibility and that the successful bidder or
bidders shall bill each participating government directly.
The participating governments agree to pay successful bidders
directly for all products or services received from current
revenues available for such purchase. Each
government shall be liable to the successful bidder rt only for
products and services ordered by and received by it,, and shallinot
by the execution of this agreement assume any. additional
liability.
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Denton County does not warrant and is not responsible for the
quality or delivery of products or services from successful
bidder. The participating government shall receive all warranties
provided by successful bidder for the products or services
purchased.
In the event that any dispute arises between individual
participating government and a successful bidder, the same shall
be handled by and between the participating government body and
the bidder.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by their authorized officers thereon the
day and the year first above written.
DENTON COUNTY, TEXAS CITY OF DENTON
By Fnton . Moseley d~chael iJe
County J g City Man ger
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Acting on behalf of and by authority
of the Denton County Commissioners Court
Approved as to content:
Director of Purchasin
Approved as to form:
Assistant District Attorn