Hickory Creek, City of-3169-Award/Ordinance/Pricing
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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:
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