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Hickory Creek, City of-3169-Award/Ordinance/Pricing r 7 c • ORDINANCE NO. oS V 4 r A/ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AN 1NTERLOCAL AGREEMENT WITH THE CITY OF HICKORY CREEK, TEXAS TO AUTHORIZE PARTICIPATION IN VARIOUS CITY OF DENTON CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN EFFECTIVE DATE (FILE 3169- INTERLOCAL AGREEMENT WITH THE CITY OF HICKORY CREEK, TEXAS). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to execute the attached Interlocal Agreement, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. That this ordinance shall become effective immediately upon its • passage and approval. PASSED AND APPROVED this the&kay of 2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPS 0VED AS TO LEGAL RM: HERBERT L. Y, C ATTORNEY BY: • 2-ORD-Interlocal Agreement With City of Hickory Creek • INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BETWEEN CITY OF HICKORY CREEK AND CITY OF DENTON, TEXAS STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT is made on the f day of 2004, between the City of Hickory Creek, Texas and City of Denton, T as 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 purpose 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; 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 of Hickory Creek, Texas in various City of Denton, Texas contracts for the purchase of various goods and services. Participation in this cooperative program will be highly beneficial to the taxpayers of the City of Hickory Creek 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 of Hickory Creek, 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 of Hickory Creek, its agents, employees, volunteer help or any other person operating under this contract shall be considered an agent or employee of the City of Denton and shall not be entitled to participate in any pension plans or other benefits that the City of Denton provides its employees. City of Denton shall notify all participating entities of available contracts to include terms of contract, commodity cost, contact names and addresses. City of Denton shall keep participating governments informed of all changes to the Cooperative Purchasing list of contracts. • Nothing in this agreement shall prevent an participatin government from and awarding bids for commodities subject to this agreeme ntt individually and in its own behalf. Jeffrey McSpedden, Public Works Director, is hereby designated as the official representative to act for the City of Hickory Creek in all matters relating to this agreement. IV. Purchase of Goods and Services All products and services shall be procured by City of Denton in accordance with procedures governing competitive bids and competitive proposals. The participating government will be able to purchase from those contracts established by City of Denton where notice has been given in the specifications and successful bidder has accepted terms for Cooperative Purchasing Agreements for local governments. 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, or as • deemed advantageous to both participating governments. INTERLOCAL COOPERATIVE PURCHASING AGREENTENT IV Purchase of Goods and Services (Continued) The participating gover=ents agree to pay successful bidders directly for all services received from current revenues available for such purchase. Each paproducts' rticipatiD or government shall be liable to the successful bidder only for products and services ordered by and received by it, and shall not by the execution of this agreement assume any additional liability. City of Denton , Texas does not warrant and is not responsible for the duality 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. . CITY OF HicKoRY CREEK . TEXAS CITY OF -DENTON, TFxAS By: BY Michael - A.Coztd City Manager APPROVED A 0 FORM: CITY ATT0 CITY OF TON XAS BY: •