U.S. Communities-2930-Award/Ordinance/Pricing
. C
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AN
INTERLOCAL AGREEMENT WITH U.S. COMMUNITIES TO AUTHORIZE
PARTICIPATION IN VARIOUS U_S. COMMUNITIES CONTRACTS FOR THE
PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE
DATE. (FILE # 2930-INTERLOCAL AGREEMENT WITH U.S. COMMUNITIES).
WHEREAS, U.S. Communities is a nonprofit corporation duly created and
operating to perform one or more governmental functions and services including the
purchase of goods and services for local governments and other governmental entities
throughout the United States; and
WHEREAS, Section 791.025 of the Texas Government Code (the "Act")
authorizes cities to enter into interlocal agreements with such nonprofit corporations
which satisfies competitive bidding requirements; and
WHEREAS, the City Council of the City of Denton, Texas finds that the Master
Intergovernmental Cooperative Purchasing Agreement attached hereto and made a part
hereof by reference (the "Interlocal Agreement") is in the public interest and satisfies the
• requirements of the Act; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations in the preamble of this ordinance are
incorporated herein by reference. The City Manager, or his designee, is hereby authorized
to execute the Interlocal Agreement on behalf of the City of Denton.
SECTION 2. The duly appointed Purchasing Agent for the City of Denton is
designated by the City Manager to have the authorization to expend funds pursuant to this
Interlocal Agreement for the purchase of various good and services in compliance with
the Act.
SECTION 3. This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the / day of 06612003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
AP OVED A TO LEGAL FORM:
HERBERT L OUTY, TY ATTORNEY
BY:
3-Ord-File 2930
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U.S.
COMMUNITIES
Government Purchasers Saving You Money
Founding Co-Sponsors
National League of Cities
PARTICIPATING PUBLIC AGENCY
PARTICIPATION CERTIFICATE
I hereby acknowledge, on behalf of the public agency identified (the "Participating Public Agency")
that, I have read and agree to the general terms and conditions set forth in the enclosed Master
Intergovernmental Cooperative Purchasing Agreement (MICPA, "Attachment A") regulating the use
of the various Master Agreements and purchase of Products made available by Lead Public
Agencies through U.S. Communities. Before purchasing any one or more of the Products, the
Participating Public Agency should review and ensure the terms and provisions of the applicable
Master Agreement are acceptable. I understand that the purchase of one or more Products under the
provisions of the MICPA is at the sole and complete discretion of the Participating Pv 'c A
9engy. ,
Signature: U
ity ana
Date: %
PUBLIC AGENCY:
Name: ~itv of no r
Department: PilrCh
[IMPORTANT!] Employer 9-Digit Tax ID (TIN):
75-600051
Please mark the appropriate box:
❑ County ❑ Consol. City/Count
❑ County Special District ❑ K-12 Y Other (specify):
jp City, Town or Village ❑ Community College ❑ State Agency
❑ City Special District L3 Independent Special District
❑ College & University ❑ Non-Profit 501(c)3
❑ Other:
CONTACT PERSON:
Name: Tom D. Shaw, C.P.M.
A.P.P.
Title: Purchasing Agent
Mailing Address:
City: Denton State:
TX Zip: 7009
Telephone: 940-349-7100 Fax: 940-149-7M2
E-Mail: tdshaw@citvofdenton.com
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t~~t't:rrrrr;r•~sl F~rar A:,:~^rti 4t ^ar;,s`t''.:t ~.(tary
Foullding Co-sponsors
MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT
This agreement is made between certain government agencies that execute a Lead Public Agency Certificate "Lead Pi h
Agencies") to be appended and made a part hereof and other government agencies ("Participating Public Agencies") thatc
agree to terms and conditions hereof through U.S. Communities registration to be appended and made a part hereof.
RECITALS
WHEREAS, after a competitive bidding and selection process by Lead Public Agencies, a number of Vendors have
entered into Master Agreements to provide a variety of goods, products and services based on national volumes (herein
"Products")'
WHEREAS, Master Agreements are made available by Lead Public Agencies through U.S. Communities and provide that
Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Lead Public Agency,
subject to any applicable local purchasing ordinances and the laws of the State of purchase;
WHEREAS, the parties desire to comply with the requirements and formalities of the Intergovernmental Cooperation Act
as may be applicable to the laws of the State of purchase;
WHEREAS, the parties hereto desire to conserve resources and reduce procurement cost;
WHEREAS, the parties hereto desire to improve the efficiency, effectiveness and economy of the
necessary Products; procurement of
NOW, THEREFORE, in consideration of the mutual promises contained in this agreement, and of the mutual benefits to
result, the parties agree as follows:
1. That each party will facilitate the cooperative procurement of Products.
2. That the procurement of Products subject to this agreement shall be conducted in accordance with and subject to the
relevant statutes, ordinances, rules and regulations that govern each party's procurement practices.
3. That the cooperative use of bids obtained by a party to this agreement shall be in accordance with the terms and
conditions of the bid, except as modification of those terms and conditions is otherwise allowed or required by applicable
law.
4. That the Lead Public Agencies will make available, upon reasonable request and subject to convenience, information
which may assist in improving the effectiveness, efficiency and economy of Participating Public Agencies procurement of
Products.
5. That a procuring party will make timely payments to the Vendor for Products received in accordance with the terms and
conditions of the procurement. Payment for Products and inspections and acceptance of Products ordered by the procuring
party shall be the exclusive obligation of such procuring party. Disputes between rocurin
resolved in accord with the law and venue rules of the State of purchase. P g party and Vendor are to be
6. The procuring party shall not use this agreement as a method for obtaining additional concessions or reduced prices for
similar products or services.
7. The procuring party shall be responsible for the ordering of Products under this agreement. A non- rocurinnot be liable in any fashion for any violation by a procuring art
and the rocurin p g party shall
shall hold non-procuring party
harmless from any liability that may arise from action or inaction of the procuring party.
8. The exercise of any rights or remedies by the procuring party shall be the exclusive obligation of such procuring party.
9. This agreement shall remain in effect until termination by a party giving 30 days written notice to U.S. Communities at
175 N. California Blvd., Suite 550, Walnut Creek, CA 94596.
10. This agreement shall take effect after execution of the Lead Public Agency Certificate or Participating Public Agency
Registration, as applicable.
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Faunrling Co- l►(eeMSOj,,N
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MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT is agree
ent
ween gencie-
Algenc es")mto be appe dedta d made a' artt hereof and other s that execute a Lead Public Agency Certificate ("Lead Public
agree to terms and conditions hereof through U.S. Communitiesvregistratio to besappended a nod madela put hereof.) that
RECITALS
WHEREAS, after a competitive bidding and selection process by Lead Public Agencies, a number of Vendors have
entered into Master Agreements to provide a variety of goods, products and services based on national volumes (herein
"Products");
WHEREAS, Master Agreements are made available by Lead Public Agencies throu-r
Participating Public Agencies may purchase Products on the same terms, conditions and pric U.S. Communities and provide that
subject to any applicable local purchasing ordinances and the laws of the State of purchase; gas the Lead Public Agency
WHEREAS, the parties desire to comply with the requirements and formalities of the Intergovernmental Cooperation Act
as may be applicable to the laws of the State of purchase;
WHEREAS, the parties hereto desire to conserve resources and reduce procurement cost;
WHEREAS, the parties hereto desire to improve the efficiency, effectiveness and economy of the procurement of
necessary Products;
NOW, THEREFORE, in consideration of the mutual promises contained in this agreement, and of the mutual benefits to
result, the parties agree as follows:
1. That each party will facilitate the cooperative procurement of Products.
2. That the procurement of Products subject to this agreement shall be conducted in accordance with and subject to the
relevant statutes, ordinances, rules and regulations that govern each party's procurement practices.
3. That the cooperative use of bids obtained by a party to this agreement shall be in accordance with the terms and
conditions of the bid, except as modification of those terms and conditions is otherwise allowed or required by applicable
law. i
4. That the Lead Public Agencies will make available, upon reasonable request and subject to convenience, information
which may assist in improving the effectiveness, efficiency and economy of Participating Public Agencies procurement of
Products.
5. That a procuring party will make timely payments to the Vendor for Products received in accordance with the terms and
conditions of the procurement. Payment for Products and inspections and acceptance of Products ordered by the procuring
party shall be the exclusive obligation of such procuring party. Disputes between procuring party and Vendor are to be
resolved in accord with the law and venue rules of the State of purchase.
6. The procuring party shall not use this agreement as a method for obtaining additional concessions or reduced prices for
similar products or services.
7. The procuring party shall be responsible for the ordering of Products under this agreement. A non- rocurin
not be liable in any fashion for any violation by a rocurin p r party shall
Y p g party, and the procuring party shall hold non-procuring party 1
harmless from any liability that may arise from action or inaction of the procuring party.
8. The exercise of any rights or remedies by the procuring party shall be the exclusive obligation of such procuring part
9. This agreement shall remain in effect until termination by a party giving 30 days written notice to U.S. Communities at
0 175 N. California Blvd., Suite 550, Walnut Creek, CA 94596.
10. This agreement shall take effect after execution of the Lead Public Agency Certificate or Participating Public Agency
Registration, as applicable.
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LEAD PUBLIC AGENCY CF
I t•erelaj~,c.~,rt~~~Glr.-t, on bc
IXaIf of :hc tote1' r i~ of o L o3 s.
ltaa'. react and ar.~ea to the ;er;ezal Corms end ~ cor~#iQct fort is CA ftt c Lcad nsLc!, is :l~er7t``"~ that, 7
Q j, set firth
CD Crati~ t P tft eax' - e
CtrG StX t scd
t~ .~t;re~nt t;R•11t;I?~L) ret ul t,- r lstr~ Int.,r~U~•crnrn~ntat
e.t.a the
Pt uducts L. rest: O the
II
tl.at Hart! . Mazer Agr t
ttr4~e :tr~,X.t;uc3 a1 tt.ttk~le ?,4' Lead l~t'~tic 1 g tt.s and y'au.~:Fzas^ cal-
tt.:titrtsvPiclc '1t irtl ai Sz>i~Y tO l' tca
a c o€Xintu~:tic, F tl.n Public ,
Cc,P1es 1G~d,
(if 't ~
F ~~t4tr-
~Y0.i Public <''.4,i~t.T.
leb~c by, I,Ccd ~ t-u'nts an~.i any aman~jnt•n:S ~ettn c a;3
A~remy vvill he provides is ver oss ttId 1.73. {aoXrimiz ;!ica to faccititale use b
k'~X'tct3; tt_rtg PuNic -Lgmcies.
I lmderstand that t -he ;arVChas t,t c,rtt o: z:tcirc Products
and 4iJX¢tpkie discn:ti on ci_ r unL-er dt. F71'C}Y'ISJS7Z1,5 of the ~ffC-P' '
the at"C1~1})ft3.k72 p'Lt~lIG' /'t*cIlc~;y, •`i 5 at the Sol,.
i
d a
~Pr
~4ut] n;tz~d~,fitatt:tt
Joe Sandcva. Division CWianaCer
Purchasing and Contract Services
County cf Los Angge es
ti}airw arid `I-
llla: of SipCI
I~
j Dat. f
1
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LEAD Pli.F (C AGENCY CEItT[I KATE
I here by aoLm w-]cdtc, or. lic hall 0f the CauntY OfFairELNi Virginia (thc 'Lead Pul r- A&euck') that, i have
rcad and agice. to t_qc pczaeral tc ms and ccmd-tiers set forth in he enclosed Yfas:er tnt rEave,,rnn-cntal
C` pti ai ve i'usch sir, ~xcc ara~t IIC'Pk} rE ulatinE; lk~c use of tic 1 fester eer~arn, CH l aurc_'rase rzf
Prod=s t! at fiam lamer W ',im .::rc made available by J_.cwd Public getI
Yt;3ClC.+ ~ Cy U) ~ aJFC:lCip; tiR Pll',}j9C
nW°i.3e :}rrcatlt*}t, i1.ti . ~ c?z:::te.
. om-mwaldzs. Copies of blaster Agrcmaenm a,*1r 400 aMCndmonts fEercto zwdc
dvn.:abin by Lcad Public A-rr.Cy will br, Pruwid d io Vendors and. U.S. Communi,t ag to facihw--. wm by
ParGc;ipafu Public A cnclcs.
I understaad th:st the Pp=chase of one or rnovu Products under the Prevision of the NUC Pry is at the 501r
anti ucimplctc discret:en cf'tEe Pa:t'vipataiag?ublic Agency.
z#f7urze~a ~~nat,'re i
l~3l ric anc 3;.12 m ~y 1gn, r
e e,
lam'
late
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