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Gainesville, City of-2958-Award/Ordinance/Pricing • ORDINANCE NO. THE CITY MANAGER TO APPROVE AN SVILLE, TEXAS TO AN AGREEMENT AUTHORIZING OUS CITY OF DENTON CONTRACTS INTERLOCAL AGREEMENT WITH ARI CITY OF G THORI ZING UT JZE IiOF PARTICI DS AND SERVICES; AU PATION DECLARING AN A FOR THE PURCHASE OF OF VARIOUS TGoo HEREFORE; AND THE CITY OF THE EXPENDITURE EFFECTIVE DATE (FILE 2958- INTERLOCAL AGREEMENT WIT GAINESVILLE, TEXAS. COUNCIL OF THE CITY OF DENTON HEREBY OCAS' THE attached reference That the City Manager is hereby hereto and ncorporated by the SECTION 1 o f which is attached hereto Interlocal Agreement, a copy herein. on its 1100 N /-That this ordinance shall become effective immediately up SECT passage and approval. , 2003. APPROVED this the day of j-&La ~1 • PASSED AND EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY aa, BY: / APPROVED AS TO LEGAL- FORM: HERBERT L. P TY CITY ATTORNEY BY. With Gainesville 2-0 -Interlocal Agr me • • THE STATE OF TEXAS COUNTY OF COOKE ) INTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING THIS AGREEMENT is made and entered into this 3,,, day ofnP,, , 2002, by and between The City of Gainesville, Texas, a Home Rule Municipality, hereinafter referred to as "Gainesville", and The City of Denton, Texas, a Home Rule Municipality, hereinafter referred to as "Denton." WITNESSETH: WHEREAS, Gainesville is a Home Rule Municipality located in Cooke County, Texas, and possessing the full power of local self government as provided by Article XI, Section 5 of the Constitution of the State of Texas, Section 51.072 of the Texas Local Government Code and its Home Rule Charter; and WHEREAS, Denton is a Home Rule Municipality located in Denton County, Texas, and possessing the full power of local self government as provided by Article XI, • Section 5 of the Constitution of the State of Texas, Section 51.072 of the Texas Local Government Code and its Home Rule Charter; and WHEREAS, Gainesville desires to enter in to a cooperative purchasing agreement with the City of Denton; and WHEREAS, Denton has followed the proper purchasing procedures under the laws of the State of Texas; and WHEREAS, these purchases would are a governmental function that serves the public interest, promotes efficiency and effectiveness of local governments, and is of mutual concern to the contracting parties; and WHEREAS, the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended (the "Act") provides authority for local governments of the State of Texas to enter into interlocal agreements with each other regarding governmental functions and services as set forth in the Act; and WHEREAS, each party to this Agreement is authorized individually to perform the governmental function or service contracted for herein and to fully comply with all regiments of the Act; • WHEREAS, this Agreement is authorized by the governing body of each respective party hereto. n-• r.nnnaratiuani irnhncinnnic ntnn rlnc Panc 1 MINN NOW, THEREFORE, Gainesville and Denton, for and in consideration of the recitals set forth above and terms and conditions below, agree as follows: 1. Term This Agreement shall become effective upon approval by both of the respective governing bodies of Gainesville and Denton and upon execution by their respective authorized representatives. The Agreement shall continue in effect for a period of two (2) years and shall automatically renew for three (3) additional periods of two (2) years each provided that it is not terminated earlier as provided herein. Either party may terminate this agreement upon sixty (60) days prior written notice or as otherwise provided herein. II. Use of the Cooperative Purchasing Agreement Gainesville agrees that it may purchase certain items for use in the municipal operations of the City. Gainesville further agrees to make payment in full to the City of Denton for these cooperative purchases. Denton agrees to permit Gainesville to take advatage of the opportunity to make these purchases as they may be advantageous to the City of Gainesville. tll. Consideration The parties agree that sufficient consideration for this Agreement exists and is found in the cross promises set forth above. Additionally, Gainesville's agreement to permit purchases from Denton and Denton's agreement to permit these purchases will show mutual cooperation between the Cities. Gainesville and Denton, realize the cost savings and other benefits that each will receive from the Cooperative Purchasing Agreement, shall serve as sufficient consideration under this Agreement. The payment of all costs resulting from or arising out of the Agreement shall be paid from current revenues usually available to the respective party hereto incurring such cost. IV. V. • Cooperation Between Parties n-%r.nnnorntiuonrnre-hncinnrlontnn rlnr Pane 9 s ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF COOKE § This instrument was acknowledged before me on the 3rd desY of December 2002 by Kenneth Kaden, Mayor, City of Gainesville Tex behalf of such entity. as on ~J. BREWER lic, State of Texas mission Expires ber 18, 2004 ary Public in d for the State of Texas • STATE OF TEXAS § COUNTY OF DENTON § This instrument was ac o ledge b bre me on the , 200 by day of su h corporatio ayor City of Denton, on behalf of - i ~~v P~" ANN FORSME Notar Public in and for e ` MY COMMISSION EXPIRES May 9, 2006 State of Texas 1 n-\('.nnnarntiiipniirrhacinnr) anfnn rinr_ Panes .~i s ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF COOKE § This instrument was acknowledged before me on the 3rd day of December , 2002 by Kenneth Kaden, Mayor, City of Gainesville, Texas, on behalf of such entity. `iopPY PUB, LEAH J. BREWER Notary Public, State of Texas My Commission Expires November 98, 2004 / ary Public in d for the State of Texas • STATE OF TEXAS § COUNTY OF DENTON § This instrument was ac o ledge b bre me on the , 200' by po day of such corporatio ayor, City of Denton, on behalf of t WANN FORSME Nota Public in and for t e MY COMMISSION EXPIRES May 9, Zoos State of Texas pF,„ rrlr`nnnpratiYYpnnrnhacinnrlpnfnn rlnc Panp Fi